Ashdown Forest Economic Development Llp v (1) Wealden District Council (2) South Downs National Park Authority

Policy WCS12, in so far as it relates to the 7 km zone, was adopted in breach of the duty under regulation 12 of the SEA Regulations because the Council failed to consider reasonable alternatives; the Habitats Regulations Assessment did not constitute such consideration.

Parties: Appellant: Ashdown Forest Economic Development LLP; Respondent: Wealden District Council; Respondent: South Downs National Park Authority
Jurisdiction: England and Wales
Judgment Date: 09 July 2015
Procedural Posture: Judicial Review / Appeal From High Court Judgment
Outcome: Appeal allowed
Legal Topics: Strategic Environmental Assessment, Habitats Directive, Local Plan Policy, Assessment of Alternatives, Quashing Orders

Environmental Law Planning Law Administrative Law Strategic Environmental Assessment Habitats Directive Local Plan Policy Assessment of Alternatives Quashing Orders

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Parties

Ashdown Forest Economic Development LLP

Appellant

Wealden District Council

Respondent

South Downs National Park Authority

Respondent

Procedural Posture

Judicial Review / Appeal From High Court Judgment

Legal Issues

1 Whether the Council breached its duty under the SEA Regulations by failing to assess reasonable alternatives to the 7 km zone in policy WCS12

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Quashing order granted, limited to the part of policy WCS12 relating to the 7 km zone
Precise form of order to be agreed between counsel or by written submissions if disagreement