Peak District and South Yorkshire Branch of the Campaign to Protect Rural England, R (on the application of) v Secretary of State for Transport

17 November 2023

[2023] EWHC 2917 (Admin)

High Court

A group challenged a new road that would cut through protected green space. The court said the benefits of the road (less traffic jams) were more important than the harm to the green space, and the government had properly considered other options. The case is different from others where unique, irreplaceable places were involved.

Key Facts

•CPRE challenged the Secretary of State's decision to grant development consent for the A57 Link Roads Scheme, impacting Green Belt land.
•The scheme aims to alleviate congestion between Manchester and Sheffield.
•The challenge raised two grounds: unlawful failure to provide a reasoned conclusion on cumulative carbon emissions and unlawful failure to assess credible alternatives with less Green Belt harm.
•The scheme involves 22 hectares of Green Belt land, causing harm to its openness.
•The Panel concluded that the scheme's benefits outweighed the harm to the Green Belt, finding 'very special circumstances'.
•CPRE argued the Secretary of State failed to properly assess alternatives proposed by objectors.

Legal Principles

Mandatory Material Consideration

R (Friends of the Earth) v Secretary of State for Transport

Green Belt Policy

National Policy Statement on National Networks

Alternatives Assessment in EIA

Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

Appropriate and Inappropriate Development in Green Belt

R (Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council

Alternatives in Planning Decisions

R (Save Stonehenge World Heritage Site Ltd) v Secretary of State for Transport

Planning Act 2008

Outcomes

Permission refused for Ground 1 (cumulative carbon emissions).

Ground 1 is materially the same as the dismissed Boswell case, awaiting Court of Appeal decision.

Permission granted but claim failed for Ground 2 (assessment of alternatives).

The Court found the alternatives were not mandatory material considerations, and the Secretary of State's approach demonstrated no error of law. The case was deemed distinguishable from R (Save Stonehenge World Heritage Site) and Langley Park.

Peak District and South Yorkshire Branch of the Campaign to Protect Rural England, R (on the application of) v Secretary of State for Transport

Key Facts

Legal Principles

Outcomes

Similar Cases

Save Stonehenge World Heritage Site Limited, R (on the application of) v Secretary of State for Transport & Ors

Andrew Boswell, R (on the application of) v The Secretary of State for Transport

Save Stonehenge World Heritage Site Limited & Anor, R (on the application of) v Secretary of State for Transport

Mair Bain v Secretary of State for Transport

Keep Chiswell Green v Secretary of State for Levelling Up, Housing and Communities & Ors