Save Historic Newmarket Ltd & Ors v Forest Heath District Council & Ors
The Core Strategy's environmental assessment failed to comply with EU Directive 2001/42/EC and the Environmental Assessment of Plans and Programmes Regulations 2004 because it did not properly identify, describe, or evaluate reasonable alternatives, nor did it provide reasons for their rejection. The final report did not sufficiently summarise or reference prior assessments, preventing consultees from understanding the rationale for the chosen strategy. This substantive breach requires relief regardless of prejudice. The procedural defect alleged regarding late technical documents did not cause prejudice to the claimants, as they had access and addressed them at the examination.
- 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 / Judgment
- Outcome
- Claimants succeed on the first ground; relief to be determined after hearing counsel.
- Legal Topics
- Strategic Environmental Assessment, Procedural Compliance, Consultation Requirements, Local Development Framework, Core Strategy, EU Directive 2001/42/ec, Environmental Assessment of Plans and Programmes Regulations 2004
Case Brief
Summary, issues, holding and outcome
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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 / Judgment
Legal Issues
- 1 Whether the Core Strategy's environmental assessment complied with EU Directive 2001/42/EC and the Environmental Assessment of Plans and Programmes Regulations 2004
- 2 Whether procedural requirements regarding consultation and technical documents were breached
Ratio Decidendi
The Core Strategy's environmental assessment failed to comply with EU Directive 2001/42/EC and the Environmental Assessment of Plans and Programmes Regulations 2004 because it did not properly identify, describe, or evaluate reasonable alternatives, nor did it provide reasons for their rejection. The final report did not sufficiently summarise or reference prior assessments, preventing consultees from understanding the rationale for the chosen strategy. This substantive breach requires relief regardless of prejudice. The procedural defect alleged regarding late technical documents did not cause prejudice to the claimants, as they had access and addressed them at the examination.
Court Disposition
Claimants succeed on the first ground; relief to be determined after hearing counsel.
Full Case Text
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