Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor (Rev 1)

Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor (Rev 1)

The construction of agricultural buildings in the Green Belt is, by definition under national and local policy, appropriate development and not harmful to openness or Green Belt purposes; the council lawfully applied the statutory and policy presumptions, properly balanced planning considerations, and was entitled to rely on Natural England's advice in concluding that no appropriate assessment was required under the Habitats Directive. There was no misinterpretation or misapplication of policy, nor any procedural or substantive error in the council's decision-making process.

Parties
Appellant: Lee Valley Regional Park Authority; Respondent: Epping Forest District Council; Interested Party: Valley Grown Nurseries Ltd.
Jurisdiction
England and Wales
Judgment Date
22 April 2016
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Green Belt Policy, Development Control, Habitats Directive, Judicial Review, Local Plan Interpretation
Planning Law Environmental Law Administrative Law Green Belt Policy Development Control Habitats Directive Judicial Review Local Plan Interpretation

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Parties

Lee Valley Regional Park Authority

Appellant

Epping Forest District Council

Respondent

Valley Grown Nurseries Ltd.

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Interpretation and application of national and local Green Belt policy for agricultural buildings
  2. 2 Application of the statutory and policy presumptions in planning decisions
  3. 3 Compliance with the Habitats Directive and the Conservation of Habitats and Species Regulations 2010

Ratio Decidendi

The construction of agricultural buildings in the Green Belt is, by definition under national and local policy, appropriate development and not harmful to openness or Green Belt purposes; the council lawfully applied the statutory and policy presumptions, properly balanced planning considerations, and was entitled to rely on Natural England's advice in concluding that no appropriate assessment was required under the Habitats Directive. There was no misinterpretation or misapplication of policy, nor any procedural or substantive error in the council's decision-making process.

Court Disposition

Appeal dismissed