Forest of Dean Friends of the Earth v Forest of Dean District Council

Forest of Dean Friends of the Earth v Forest of Dean District Council

The Council was entitled to adopt the Core Strategy and Cinderford Northern Quarter Area Action Plan as it did. The Appropriate Assessment applied the correct legal test, was informed by consultation with Natural England, and the Council's decision was not unreasonable. Although there was a failure to provide adequate time for public consultation on late documents, this did not justify quashing the decisions, as the Claimants had an opportunity to present their views and the mitigating measures must be strictly implemented.

Parties
Claimant: Forest of Dean Friends of the Earth; Defendant: Forest of Dean District Council
Jurisdiction
England and Wales
Judgment Date
20 June 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Habitats Directive, Appropriate Assessment, Public Consultation, Judicial Review of Planning Decisions
Environmental Law Administrative Law Planning Law Habitats Directive Appropriate Assessment Public Consultation Judicial Review of Planning Decisions

Case Brief

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Parties

Forest of Dean Friends of the Earth

Claimant

Forest of Dean District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council complied with its obligations under the Conservation of Habitats and Species Regulations 2010 and the Habitats Directive when adopting the Core Strategy and Cinderford Northern Quarter Area Action Plan
  2. 2 Whether the Appropriate Assessment was lawfully conducted and applied the correct legal test
  3. 3 Whether there was adequate public consultation as required by law

Ratio Decidendi

The Council was entitled to adopt the Core Strategy and Cinderford Northern Quarter Area Action Plan as it did. The Appropriate Assessment applied the correct legal test, was informed by consultation with Natural England, and the Council's decision was not unreasonable. Although there was a failure to provide adequate time for public consultation on late documents, this did not justify quashing the decisions, as the Claimants had an opportunity to present their views and the mitigating measures must be strictly implemented.

Court Disposition

Claim dismissed

Orders

  • The decisions to adopt the Core Strategy and Cinderford Northern Quarter Area Action Plan are not quashed.
  • The Council is to ensure that the mitigating steps incorporated into the plans are strictly implemented.