Brook Avenue Residents v Development (Barad), Regina (on The Application of) v Hanslip and Others: CA 15 Jul 2022

‘There are two basic questions in this case. First, was the duty to make an ‘appropriate assessment’ under regulation 63 of the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’) lawfully performed by a local planning authority when it granted planning permission for housing development on land near a European protected site in the Solent? Second, did the authority comply with its duty under section 38(6) of the Planning and Compulsory Purchase Act 2004 to determine the application in accordance with the development plan unless material considerations indicated otherwise? ‘

Judges:

Sir Keith Lindblom
(Senior President of Tribunals)
Lord Justice Singh
And
Lord Justice Males

Citations:

[2022] EWCA Civ 983

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 06 August 2022; Ref: scu.679551