Ward & Anor v Secretary of State for Housing, Communities and Local Government & Anor [2024] EWHC 1780 (Admin) (16 July 2024)

Ward & Anor v Secretary of State for Housing, Communities and Local Government & Anor [2024] EWHC 1780 (Admin) (16 July 2024)

The Inspector lawfully applied the water neutrality requirement under regulation 63 of the Habitats Regulations 2017, was not required to address the abeyance request as it was not sufficiently articulated or a principal issue, and was not required to consider a split decision for the stable block in the absence of a clear request.

Citation
[2024] EWHC 1780 (Admin)
Parties
Claimant: Mr Wayne Ward; Claimant: Mrs Ward; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Horsham District Council
Jurisdiction
England and Wales
Judgment Date
16 July 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Water Neutrality, Habitats Regulations, Planning Permission, Appropriate Assessment, Split Decision in Planning Appeals, Duty to Give Reasons
Planning Law Environmental Law Administrative Law Water Neutrality Habitats Regulations Planning Permission Appropriate Assessment Split Decision in Planning Appeals +1 more

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Parties

Mr Wayne Ward

Claimant

Mrs Ward

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Horsham District Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Planning Inspector lawfully applied the water neutrality requirement under regulation 63 of the Habitats Regulations 2017
  2. 2 Whether the Inspector was required to address the request to hold the appeal in abeyance
  3. 3 Whether the Inspector was required to make a split decision granting permission for the stable block

Ratio Decidendi

The Inspector lawfully applied the water neutrality requirement under regulation 63 of the Habitats Regulations 2017, was not required to address the abeyance request as it was not sufficiently articulated or a principal issue, and was not required to consider a split decision for the stable block in the absence of a clear request.

Court Disposition

Claim dismissed