DLA Delivery Ltd, R (On the Application Of) v Lewes District Council [2015] EWHC 2311 (Admin) (31 July 2015)

DLA Delivery Ltd, R (On the Application Of) v Lewes District Council [2015] EWHC 2311 (Admin) (31 July 2015)

The court held that the Defendant's decision to allow the NDP to proceed to referendum was not unlawful. The HRA screening was properly conducted, consistent with the Core Strategy HRA, and supported by Natural England. The absence of a currently identified SANG did not render the NDP allocations undeliverable or in breach of the Habitats Regulations, as mitigation measures were secured through policy and ongoing work. The examiner and Defendant acted within their statutory roles, and the process complied with legal requirements.

Citation
[2015] EWHC 2311 (Admin)
Parties
Claimant: DLA Delivery Limited; Defendant: Lewes District Council; Interested Party: Newick Parish Council
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Judicial Review / Substantive Hearing Following Grant of Permission (rolled Up Hearing)
Outcome
Claim dismissed
Legal Topics
Neighbourhood Development Plans, Habitats Regulations Assessment, Localism Act 2011, National Planning Policy Framework, Appropriate Assessment, Development Plan Hierarchy
Administrative Law Planning Law Environmental Law European Union Law Neighbourhood Development Plans Habitats Regulations Assessment Localism Act 2011 National Planning Policy Framework +2 more

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Parties

DLA Delivery Limited

Claimant

Lewes District Council

Defendant

Newick Parish Council

Interested Party

Procedural Posture

Judicial Review / Substantive Hearing Following Grant of Permission (rolled Up Hearing)

Legal Issues

  1. 1 Whether the decision to allow the Newick Neighbourhood Development Plan (NDP) to proceed to referendum was unlawful due to failure to comply with the Habitats Regulations and national planning policy on deliverability of housing allocations.
  2. 2 Whether the absence of identified Suitable Alternative Natural Greenspace (SANG) rendered the NDP allocations undeliverable and in breach of EU obligations.
  3. 3 Whether the examiner and local planning authority failed to properly assess the deliverability and conformity of the NDP with strategic policies and legal requirements.

Ratio Decidendi

The court held that the Defendant's decision to allow the NDP to proceed to referendum was not unlawful. The HRA screening was properly conducted, consistent with the Core Strategy HRA, and supported by Natural England. The absence of a currently identified SANG did not render the NDP allocations undeliverable or in breach of the Habitats Regulations, as mitigation measures were secured through policy and ongoing work. The examiner and Defendant acted within their statutory roles, and the process complied with legal requirements.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review refused on Ground 8; granted on other grounds but claim dismissed.
  • No order quashing the Defendant's decision to allow the NDP to proceed to referendum.