No Adastral New Town Ltd v Suffolk Coastal District Council & Anor

No Adastral New Town Ltd v Suffolk Coastal District Council & Anor

Although there were flaws in the early decision-making process regarding the timing of the sustainability appraisal and consideration of alternatives, these were corrected before adoption of the plan. The defendant's process, including appropriate assessment and mitigation, complied with the relevant Directives and Regulations. Policy SP20 is not undeliverable as it allows for future review and is conditional on appropriate assessment outcomes.

Parties
Claimant: No Adastral New Town Ltd; First Defendant: Suffolk Coastal District Council; Second Defendant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
07 February 2014
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Strategic Environmental Assessment Directive, Habitats Directive, Development Plan Documents, Sustainability Appraisal, Appropriate Assessment, Mitigation Measures, Deliverability of Planning Policy
Administrative Law Environmental Law Planning Law Strategic Environmental Assessment Directive Habitats Directive Development Plan Documents Sustainability Appraisal Appropriate Assessment +2 more

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Parties

No Adastral New Town Ltd

Claimant

Suffolk Coastal District Council

First Defendant

Secretary of State for Communities and Local Government

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the defendant failed to comply with the Strategic Environmental Assessment Directive and Regulations
  2. 2 Whether the defendant failed to comply with the Habitats Directive and Regulations regarding appropriate assessment and mitigation
  3. 3 Whether the mitigation relied upon was too uncertain

Ratio Decidendi

Although there were flaws in the early decision-making process regarding the timing of the sustainability appraisal and consideration of alternatives, these were corrected before adoption of the plan. The defendant's process, including appropriate assessment and mitigation, complied with the relevant Directives and Regulations. Policy SP20 is not undeliverable as it allows for future review and is conditional on appropriate assessment outcomes.

Court Disposition

Claim dismissed