Flaxby Park Ltd v Harrogate Borough Council [2020] EWHC 3204 (Admin) (25 November 2020)

Flaxby Park Ltd v Harrogate Borough Council [2020] EWHC 3204 (Admin) (25 November 2020)

The Council lawfully considered reasonable alternatives, including Flaxby, in accordance with the SEA Directive and 2004 Regulations. The decision to identify Green Hammerton/Cattal as a broad location was based on comparative assessment, and the statutory requirements for environmental assessment and delegation of functions were satisfied. There was no procedural error or substantial prejudice to the claimant.

Citation
[2020] EWHC 3204 (Admin)
Parties
Claimant: Flaxby Park Limited; Defendant: Harrogate Borough Council; Interested Party: Secretary of State for Communities and Local Government; Interested Party: Oakgate Yorkshire Limited; Interested Party: CEG Land Promotions III (UK) Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Statutory Review Under S.113 Planning and Compulsory Purchase Act 2004 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Strategic Environmental Assessment, Local Plan Adoption, Reasonable Alternatives, Delegation of Local Authority Functions, Judicial Review
Planning Law Administrative Law Environmental Law Strategic Environmental Assessment Local Plan Adoption Reasonable Alternatives Delegation of Local Authority Functions Judicial Review

Case Brief

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Parties

Flaxby Park Limited

Claimant

Harrogate Borough Council

Defendant

Secretary of State for Communities and Local Government

Interested Party

Oakgate Yorkshire Limited

Interested Party

CEG Land Promotions III (UK) Limited

Interested Party

Procedural Posture

Statutory Review Under S.113 Planning and Compulsory Purchase Act 2004 / High Court Judgment

Legal Issues

  1. 1 Whether Harrogate Borough Council lawfully considered reasonable alternatives for the location of a new settlement in its Local Plan as required by the SEA Directive and 2004 Regulations
  2. 2 Whether the Council failed to assess the Flaxby location on an equal basis
  3. 3 Whether there was insufficient enquiry into the viability and deliverability of the Green Hammerton/Cattal location

Ratio Decidendi

The Council lawfully considered reasonable alternatives, including Flaxby, in accordance with the SEA Directive and 2004 Regulations. The decision to identify Green Hammerton/Cattal as a broad location was based on comparative assessment, and the statutory requirements for environmental assessment and delegation of functions were satisfied. There was no procedural error or substantial prejudice to the claimant.

Court Disposition

Claim dismissed

Orders

  • Application to quash Policy DM4 and related references in the Local Plan refused
  • No order for quashing the Local Plan or its adoption