Shadwell Estates Ltd v Breckland District Council & Anor

Shadwell Estates Ltd v Breckland District Council & Anor

The Council's sustainability appraisal and Habitats Regulations assessment for the TAAP were not so deficient as to be unlawful; they substantially complied with statutory requirements, were supported by statutory consultees, and the evidence about Kilverstone did not warrant altering the buffer zones or the plan....

Source-derived case information.

Parties
Claimant: Shadwell Estates Ltd; Defendant: Breckland District Council; Interested Party: Pigeon (Thetford) Ltd
Jurisdiction
England and Wales
Judgment Date
11 January 2013
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Application dismissed
Legal Topics
Sustainability Appraisal, Strategic Environmental Assessment, Habitats Regulations Assessment, Development Plan Documents, Judicial Review, Statutory Consultees, Buffer Zones, Protected Species
Planning Law Environmental Law Administrative Law Sustainability Appraisal Strategic Environmental Assessment Habitats Regulations Assessment Development Plan Documents Judicial Review +3 more

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Summary, issues, holding and outcome

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Parties

Shadwell Estates Ltd

Claimant

Breckland District Council

Defendant

Pigeon (Thetford) Ltd

Interested Party

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Council's sustainability appraisal and strategic environmental assessment complied with statutory requirements under section 19(5)(b) of the Planning and Compulsory Purchase Act 2004 and related regulations.
  2. 2 Whether the Inspector erred in finding the TAAP satisfied the requirements of section 19 and was 'sound' under section 20(5) of the 2004 Act.
  3. 3 Whether the Council's Habitats Regulations assessment breached Regulation 61 of the Habitats Regulations 2010.

Ratio Decidendi

The Council's sustainability appraisal and Habitats Regulations assessment for the TAAP were not so deficient as to be unlawful; they substantially complied with statutory requirements, were supported by statutory consultees, and the evidence about Kilverstone did not warrant altering the buffer zones or the plan. The Inspector's findings were reasonable and open to him. The non-disclosure of the Dan Brown Ecology survey had no material impact. No breach of Regulation 61 of the Habitats Regulations 2010 was established.

Court Disposition

Application dismissed