Savage, R (on the application of) v Mansfield District Council & Anor

Savage, R (on the application of) v Mansfield District Council & Anor

The Council was not under a statutory duty to consult or follow Natural England’s advice regarding a risk-based assessment for a site that was not a pSPA or SPA. The Council’s approach to risk, including the adoption of mitigation measures and the section 106 agreement, was lawful and reasonable. The committee was...

Source-derived case information.

Parties
Applicant: Susan Savage; Respondent: Mansfield District Council; Interested Party: The Lindhurst Group
Jurisdiction
England and Wales
Judgment Date
15 January 2015
Procedural Posture
Judicial Review / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Habitats Directive, Wild Birds Directive, Planning Permission, Section 106 Agreements, Statutory Consultation, Judicial Review
Environmental Law Planning Law Administrative Law Habitats Directive Wild Birds Directive Planning Permission Section 106 Agreements Statutory Consultation +1 more

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Parties

Susan Savage

Applicant

Mansfield District Council

Respondent

The Lindhurst Group

Interested Party

Procedural Posture

Judicial Review / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the Council failed to follow Natural England’s advice to conduct a risk-based assessment and thereby breached its legal duty
  2. 2 Whether the Council’s officers misled the planning committee about Natural England’s position
  3. 3 Whether the Council ought to have reconsidered the position due to a material change of circumstances before granting permission

Ratio Decidendi

The Council was not under a statutory duty to consult or follow Natural England’s advice regarding a risk-based assessment for a site that was not a pSPA or SPA. The Council’s approach to risk, including the adoption of mitigation measures and the section 106 agreement, was lawful and reasonable. The committee was adequately informed, and the section 106 provision did not contravene regulation 122. All grounds of challenge fail.

Court Disposition

Appeal dismissed