Andrew Rickards, R (on the application of) v East Hertfordshire District Council

Andrew Rickards, R (on the application of) v East Hertfordshire District Council

The Council failed to consider material impacts on the ancient woodland and listed building, which were protective designations requiring assessment in the prior approval process. The evidence suggests the officer was unaware of these designations, rendering the prior approval decision unlawful.

Parties
Claimant: Andrew Rickards; Defendant: East Hertfordshire District Council; Interested Party: Vladyslav Petryk
Jurisdiction
England and Wales
Judgment Date
09 May 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; prior approval quashed.
Legal Topics
Permitted Development Rights, Prior Approval Process, Ancient Woodland Protection, Listed Building Protection, Aarhus Costs Protection
Planning Law Administrative Law Environmental Law Permitted Development Rights Prior Approval Process Ancient Woodland Protection Listed Building Protection Aarhus Costs Protection

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Parties

Andrew Rickards

Claimant

East Hertfordshire District Council

Defendant

Vladyslav Petryk

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council lawfully granted prior approval for agricultural development under the GPDO
  2. 2 Whether the Council had sufficient evidence to conclude the agricultural unit exceeded 5 hectares
  3. 3 Whether the Council failed to consider impacts on ancient woodland and listed building

Ratio Decidendi

The Council failed to consider material impacts on the ancient woodland and listed building, which were protective designations requiring assessment in the prior approval process. The evidence suggests the officer was unaware of these designations, rendering the prior approval decision unlawful.

Court Disposition

Claim allowed in part; prior approval quashed.

Orders

  • Prior approval decision set aside.
  • Aarhus costs protection applies: Claimant's costs capped at £5,000, Council's at £35,000.