The Cairngorm Campaign & Ors v The Cairngorms National Park Authority & Ors [2013] ScotCS CSIH_65A (03 July 2013)

The Cairngorm Campaign & Ors v The Cairngorms National Park Authority & Ors [2013] ScotCS CSIH_65A (03 July 2013)

The CNPA's appropriate assessment at the Local Plan stage was not unlawful or Wednesbury unreasonable. The assessment identified relevant issues and qualifying interests, set out safeguarding and mitigation policies, and lawfully deferred detailed assessment to later planning stages. There is no legal requirement to provide a conclusive answer or to consider alternative solutions at the Local Plan stage unless a damaging plan is to be approved. The CNPA's approach was consistent with EU law, domestic regulations, and relevant case law.

Citation
[2013] ScotCS CSIH_65A
Parties
Appellants and Reclaimers: The Cairngorms Campaign and Others; First Respondent: The Cairngorms National Park Authority; Second Respondent: Davall Developments Limited; Third Respondent: Tulloch Homes Limited; Fourth Respondent: An Camas Mor Developments LLP
Jurisdiction
Scotland
Judgment Date
03 July 2013
Procedural Posture
Reclaiming Motion (appeal) Under Section 238 of the Town and Country Planning (scotland) Act 1997 / Appeal From Lord Ordinary's Refusal of Judicial Review; Inner House, Court of Session
Outcome
Appeal refused; CNPA's decision to adopt the Local Plan upheld.
Legal Topics
Habitats Directive Compliance, Appropriate Assessment Under Conservation (natural Habitats Etc) Regulations 1994, Judicial Review of Planning Decisions, Wednesbury Unreasonableness, Stage by Stage Planning Assessment, Housing Allocations and Environmental Protection
Administrative Law Environmental Law Planning Law EU Law Habitats Directive Compliance Appropriate Assessment Under Conservation (natural Habitats Etc) Regulations 1994 Judicial Review of Planning Decisions Wednesbury Unreasonableness +2 more

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Parties

The Cairngorms Campaign and Others

Appellants and Reclaimers

The Cairngorms National Park Authority

First Respondent

Davall Developments Limited

Second Respondent

Tulloch Homes Limited

Third Respondent

An Camas Mor Developments LLP

Fourth Respondent

Procedural Posture

Reclaiming Motion (appeal) Under Section 238 of the Town and Country Planning (scotland) Act 1997 / Appeal From Lord Ordinary's Refusal of Judicial Review; Inner House, Court of Session

Legal Issues

  1. 1 Whether the Cairngorms National Park Authority's (CNPA) appropriate assessment under Regulation 48 of the Conservation (Natural Habitats etc) Regulations 1994 was lawful and sufficient at the Local Plan stage
  2. 2 Whether the CNPA unlawfully postponed assessment of adverse effects on Natura 2000 sites to the planning application stage
  3. 3 Whether the CNPA failed to consider alternative solutions and the IROPI test at the Local Plan stage

Ratio Decidendi

The CNPA's appropriate assessment at the Local Plan stage was not unlawful or Wednesbury unreasonable. The assessment identified relevant issues and qualifying interests, set out safeguarding and mitigation policies, and lawfully deferred detailed assessment to later planning stages. There is no legal requirement to provide a conclusive answer or to consider alternative solutions at the Local Plan stage unless a damaging plan is to be approved. The CNPA's approach was consistent with EU law, domestic regulations, and relevant case law.

Court Disposition

Appeal refused; CNPA's decision to adopt the Local Plan upheld.