DLA Delivery Ltd, R (On the Application Of) v Lewes District Council

DLA Delivery Ltd, R (On the Application Of) v Lewes District Council

The NDP was lawfully made as the Defendant was entitled to rely on its belief that SANG provision would be delivered within the plan period, SEA screening was properly conducted, site allocations were rational, and the NDP can be made before adoption of the Local Plan. The examiner's appointment process did not give rise to apparent bias.

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 / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Neighbourhood Development Plans, Habitats Regulations Assessment, Strategic Environmental Assessment, Local Plan Conformity, Site Allocation, Judicial Review Grounds
Planning Law Environmental Law Administrative Law Neighbourhood Development Plans Habitats Regulations Assessment Strategic Environmental Assessment Local Plan Conformity Site Allocation +1 more

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Parties

DLA Delivery Limited

Claimant

Lewes District Council

Defendant

Newick Parish Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Neighbourhood Development Plan (NDP) breached Habitats Regulations due to lack of SANG provision
  2. 2 Whether the NDP failed to comply with Strategic Environmental Assessment requirements
  3. 3 Whether the NDP was irrational or undeliverable due to site selection within the 7km Ashdown Forest zone

Ratio Decidendi

The NDP was lawfully made as the Defendant was entitled to rely on its belief that SANG provision would be delivered within the plan period, SEA screening was properly conducted, site allocations were rational, and the NDP can be made before adoption of the Local Plan. The examiner's appointment process did not give rise to apparent bias.

Court Disposition

Application for judicial review dismissed