Save Historic Newmarket Ltd & Ors v Forest Heath District Council & Ors [2011] EWHC 606 (Admin) (25 March 2011)

Save Historic Newmarket Ltd & Ors v Forest Heath District Council & Ors [2011] EWHC 606 (Admin) (25 March 2011)

The final strategic environmental assessment report accompanying the Core Strategy failed to identify and evaluate reasonable alternatives or explain the reasons for their rejection, and did not address the environmental impact of increased housing numbers, thereby breaching the requirements of Directive 2001/42/EC and the 2004 Regulations. Relief must be granted to the claimants on this ground.

Citation
[2011] EWHC 606 (Admin)
Parties
Claimant: Save Historic Newmarket Ltd; Claimant: Tattersalls Ltd; Claimant: Unex Group Holdings Ltd; Claimant: Jockey Club Estates Ltd; Claimant: Newmarket Trainers' Federation; Claimant: Godolphin Management Company Limited; Claimant: Darley Stud Management Company Ltd; Defendant: Forest Heath District Council; Defendant: Secretary of State for Communities & Local Government; Interested Party: Edward Richard William Stanley, 19th Earl of Derby ("Lord Derby")
Jurisdiction
England and Wales
Judgment Date
25 March 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part
Legal Topics
Strategic Environmental Assessment, Local Development Framework, Procedural Fairness, EU Law Compliance
Planning Law Environmental Law Administrative Law Strategic Environmental Assessment Local Development Framework Procedural Fairness EU Law Compliance

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Parties

Save Historic Newmarket Ltd

Claimant

Tattersalls Ltd

Claimant

Unex Group Holdings Ltd

Claimant

Jockey Club Estates Ltd

Claimant

Newmarket Trainers' Federation

Claimant

Godolphin Management Company Limited

Claimant

Darley Stud Management Company Ltd

Claimant

Forest Heath District Council

Defendant

Secretary of State for Communities & Local Government

Defendant

Edward Richard William Stanley, 19th Earl of Derby ("Lord Derby")

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Forest Heath Core Strategy was adopted in breach of the requirements for a strategic environmental assessment under Directive 2001/42/EC and the Environmental Assessment of Plans and Programmes Regulations 2004
  2. 2 Whether there was a procedural defect in the consultation process depriving affected parties of the opportunity to comment on technical documents

Ratio Decidendi

The final strategic environmental assessment report accompanying the Core Strategy failed to identify and evaluate reasonable alternatives or explain the reasons for their rejection, and did not address the environmental impact of increased housing numbers, thereby breaching the requirements of Directive 2001/42/EC and the 2004 Regulations. Relief must be granted to the claimants on this ground.

Court Disposition

Claim allowed in part

Orders

  • Relief to be granted to the claimants for breach of the Directive and Regulations; court to hear counsel on the precise order to be made.