DLA Delivery Ltd, R (On the Application Of) v Lewes District Council

DLA Delivery Ltd, R (On the Application Of) v Lewes District Council

The appeal is dismissed because the statutory scheme does not require an up-to-date local plan for a neighbourhood development plan to be made; the examiner and council were entitled to conclude, as a matter of planning judgment, that SANGs would be delivered and that the Habitats Directive was complied with; the SEA screening, though containing minor errors, was adequate and did not justify relief; and the examiner's appointment process did not give rise to apparent bias.

Parties
Appellant: DLA Delivery Ltd.; Respondent: Lewes District Council; Interested Party: Newick Parish Council
Jurisdiction
England and Wales
Judgment Date
10 February 2017
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Neighbourhood Development Plans, Habitats Directive Compliance, SEA Regulations, Apparent Bias, Deliverability of Housing, Judicial Review
Administrative Law Planning Law Environmental Law EU Law Neighbourhood Development Plans Habitats Directive Compliance SEA Regulations Apparent Bias +2 more

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Parties

DLA Delivery Ltd.

Appellant

Lewes District Council

Respondent

Newick Parish Council

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the neighbourhood development plan must be in general conformity with up-to-date strategic policies in the development plan
  2. 2 Whether the plan failed to comply with the Habitats Directive and Habitats Regulations regarding appropriate assessment and mitigation (SANGs)
  3. 3 Whether the plan failed to have regard to national policy and guidance on housing delivery

Ratio Decidendi

The appeal is dismissed because the statutory scheme does not require an up-to-date local plan for a neighbourhood development plan to be made; the examiner and council were entitled to conclude, as a matter of planning judgment, that SANGs would be delivered and that the Habitats Directive was complied with; the SEA screening, though containing minor errors, was adequate and did not justify relief; and the examiner's appointment process did not give rise to apparent bias.

Court Disposition

Appeal dismissed