Wayne Ward & Anor v Secretary of State for Housing, Communities and Local Government & Anor

Wayne Ward & Anor v Secretary of State for Housing, Communities and Local Government & Anor

The Inspector lawfully applied the Habitats Regulations 2017 and Natural England's guidance, gave adequate reasons, was not required to address the abeyance request due to its lack of clarity, and was not obliged to make a split decision in the absence of a clear request.

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 / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Water Neutrality, Habitats Regulations, Planning Permission, Appropriate Assessment, Split Decisions in Planning Appeals, Duty to Give Reasons
Planning Law Environmental Law Administrative Law Water Neutrality Habitats Regulations Planning Permission Appropriate Assessment Split Decisions 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 / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Planning Inspector lawfully applied the water neutrality requirements under regulation 63 of the Conservation of Habitats and Species Regulations 2017
  2. 2 Whether the Inspector was required to address the request to hold the appeal in abeyance pending a mitigation strategy
  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 Habitats Regulations 2017 and Natural England's guidance, gave adequate reasons, was not required to address the abeyance request due to its lack of clarity, and was not obliged to make a split decision in the absence of a clear request.

Court Disposition

Claim dismissed