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The Secretary of State has consented to judgment in one of the first legal challenges to consider the enhanced duties to further the purpose of protected landscapes, introduced by s.245 of the Levelling Up and Regeneration Act 2023 (“LURA 2023”).
The
case concerned the application of the duty in s.85 of the Countryside and
Rights of Way Act 2000, as amended by s.245 LURA 2023, to an EIA screening
decision regarding a car park extension in the Dedham Vale National Landscape.
The Secretary of State’s negative screening decision was significant because
EIA development cannot benefit from permitted development rights which the
Interested Party, Transport UK East Anglia Limited, relied upon.
The Claimant, the Dedham Vale Society, challenged the negative screening decision on the basis that the amended protected landscapes duty had not been complied with. Permission was granted on the papers by Lang J.
Following a contested application to intervene, the Court allowed the Campaign for National Parks (“CNP”) to intervene in the case via written and oral submissions. CNP is a national charity founded in 1936 dedicated to promoting national parks in England and Wales.
Following receipt of the Claimant and CNP’s skeleton arguments, the Secretary of State conceded that the failure to apply the statutory duty to seek to further the purposes of the National Landscape when making the screening decision constituted an error of law and the outcome might have been different had it been applied.
The Interested Party did not concede unlawfulness, but did not continue to contest the claim following the Secretary of State’s concession.
The consent order can be found here. The screening question has been remitted to the Secretary of State for redetermination.
Ben Fullbrook represented the Claimant, instructed by Richard Buxton and Hannah Brown at Richard Buxton Solicitors.
Alex Shattock represented CNP, instructed by Carol Day, Ricky Gama and Lily Hartley-Matthews at Leigh Day.
Heather Sargent and Harriet Wakeman represented the Interested Party, instructed by Daniel Whittle at Burges Salmon LLP.
