Save Historic Newmarket Ltd and Others v Forest Heath District Council and Others: Admn 25 Mar 2011

Objectors sought to quash the respondents core planning strategy, saying that it would damage the particular character of the town and horseracing inustry based there. They alleged a failure to carry out a proper strategic environmental assessment and that since some elements had only been published after the consultation, some consultees had not been given opportunity to comment.
Held: The claim succeeded. In its desire to avoid making the report specific to one possible site, the report had been written in such a way that: ‘It was not possible for the consultees to know from it what were the reasons for rejecting any alternatives to the urban development where it was proposed or to know why the increase in the residential development made no difference. The previous reports did not properly give the necessary explanations and reasons and in any event were not sufficiently summarised nor were the relevant passages identified in the final report. There was thus a failure to comply with the requirements of the Directive.’

Collins J
[2011] EWHC 606 (Admin)
Planning and Compulsory Purchase Act 2004 113, Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, Environmental Assessment of Plans and Programmes Regulations 2004 (SI 2004 No.1633)
England and Wales
CitedSeaport Investments Ltd and Others, Re Judicial Review QBNI 13-Nov-2007
An authority’s environmental assessment and the draft plan must operate together so that consultees can consider each in the light of the other. . .

Lists of cited by and citing cases may be incomplete.

Planning, Environment, European

Updated: 11 November 2021; Ref: scu.430851