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 lawfully granted planning permissions for the two sites after considering in-combination effects to the extent possible, relying on Natural England's expert advice and iterative process. There was no legal or rational obligation to defer the decisions until the spine road application was available, and the permissions were not dependent on the spine road. The claimants' challenge fails on Wednesbury grounds.

Parties
Claimant: Forest of Dean Friends of the Earth; Defendant: Forest of Dean District Council; Interested Party: Homes and Communities Agency
Jurisdiction
England and Wales
Judgment Date
01 May 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Habitats Directive, Conservation of Habitats and Species Regulations 2010, Planning Permission, Appropriate Assessment, In Combination Effects, Wednesbury Unreasonableness
Environmental Law Administrative Law Planning Law Habitats Directive Conservation of Habitats and Species Regulations 2010 Planning Permission Appropriate Assessment In Combination Effects +1 more

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Parties

Forest of Dean Friends of the Earth

Claimant

Forest of Dean District Council

Defendant

Homes and Communities Agency

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council failed to consider in-combination effects under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 when granting planning permission for two sites without a worked-up spine road proposal
  2. 2 Whether the Council was obliged to defer consideration of the applications until the spine road application was available
  3. 3 Whether the Council's reliance on Natural England's withdrawal of objection was irrational

Ratio Decidendi

The Council lawfully granted planning permissions for the two sites after considering in-combination effects to the extent possible, relying on Natural England's expert advice and iterative process. There was no legal or rational obligation to defer the decisions until the spine road application was available, and the permissions were not dependent on the spine road. The claimants' challenge fails on Wednesbury grounds.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.