Ashdown Forest Economic Development LLP v Secretary of State for Communities And Local Government & Ors
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HONOURABLE MR JUSTICE SALES
Areas of Law
- Administrative Law
- Environmental Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This case dealt with a claim challenging the adoption of the Wealden District Core Strategy Local Plan under the Planning and Compulsory Purchase Act 2004. The Claimant argued against the housing requirement figure and the handling of environmental assessments. The court dismissed all challenges, ruling that the Inspector's conclusions and actions taken by WDC were rational and compliant with legal obligations. The environmental assessments and reasons for selecting spatial strategies and protective measures were deemed adequate and lawful.
Judgment
Mr Justice Sales :
Introduction
This is a claim under section 113 of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”) to quash, in whole or in part, the Wealden District Core Strategy Local Plan (“the Core Strategy”). The Core Strategy forms part of the statutory development plan for the administrative areas of both the Second Defendant, Wealden District Council (“WDC”), and the Third Defendant, South Downs National Park Authority (“SDNPA”). WDC had the main role in preparing the Core Strategy for adoption. It was adopted by WDC and SDNPA jointly on 19 February 2013.
The Claimant is an umbrella organisation representing the interests of a number of major landowners in the area covered by the Core Strategy, whose property interests are affected by the Core Strategy. In particular, the Core Strategy places limits on building development in the general area covered by it and also specific restrictions in relation to building development in an area within 7 km of the boundary of Ashdown Forest, which is a protected site within the area covered by the Core Strategy. The landowners would like greater opportunities to develop their land by building on it than the Core Strategy allows for.
Ashdown Forest is designated as a Special Area of Conservation under the Habitats Directive (Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora) and the Conservation of Habitats and Species Regulations 2010 (“the Habitats Regulations”). It is also designated as a Special Protection Area under the Birds Directive (Directive 2009/147/EC on the conservation of wild birds) and the Habitats Regulations.
The Core Strategy was adopted by WDC and SDNPA after an extensive iterative process of consultation and refinement, including an examination in public before an Inspector (Mr Moore, appointed by the Secretary of State, the First Defendant), at hearings in January and February 2012 and on 6 September 2012. The Inspector’s Report on the Core Strategy pursuant to section 20 of the 2004 Act was issued on 30 October 2012. It made certain recommendations, subject to compliance with which the Inspector found the Core Strategy to be “sound” and cleared it for adoption by WDC and SDNPA.
In order to protect Ashdown Forest to the level required by the Habitats Directive, the Birds Directive and the Habitats Regulations, the draft Core Strategy submitted for examination by the Inspector WDC included an overall housing requirement