Anthony Ward v Torridge District Council
[2023] EWHC 2629 (KB)
Dr Rosalind Bradbury, R (on the application of) v Awdurdod Parc Cenedlaethol Bannau Brycheiniog (Brecon Beacons National Park Authority)
23 May 2024
[2024] EWHC 1242 (Admin)
High Court
A farmer wanted to build some farm buildings. The local council approved, but didn't follow all the rules about sharing information with the public beforehand. The court said the council messed up on paperwork but it's very unlikely the building permits would have been denied even if they had followed all the rules.
Key Facts
- •Judicial review of two planning permissions granted by Brecon Beacons National Park Authority for agricultural building developments at Dan Y Bwlch Farm.
- •Concerns centered around potential adverse effects on the River Wye Special Conservation Area (SAC) due to phosphorus pollution from agricultural activities.
- •Challenges included failure to publish updated Habitats Regulations Assessment (HRA) documents, procedural unfairness, and irrational decisions regarding impact on public rights of way.
- •Previous planning permissions were quashed, leading to this renewed application and controversy.
- •National Resources Wales (NRW) issued revised advice on planning applications affecting phosphorus-sensitive river SACs.
- •The planning committee granted permission despite lacking final HRA documents and relevant public representations.
- •The HRA's core premise was that livestock numbers would not increase and that the development could improve water quality.
Legal Principles
Habitats Regulations Assessment (HRA) requirements under the Conservation of Habitats and Species Regulations 2017.
Conservation of Habitats and Species Regulations 2017 (2017 SI No 1012)
Publication requirements for planning agendas and reports under the Local Government Act 1972.
Local Government Act 1972, sections 100BA and 100D
The court's discretion to refuse relief on judicial review under section 31(2A) of the Senior Courts Act 1981 if the outcome would not have been substantially different.
Senior Courts Act 1981, section 31(2A)
Planning authorities' obligation to ascertain whether a development will adversely affect a SAC under regulation 63(5) of the HRA Regulations.
Conservation of Habitats and Species Regulations 2017, regulation 63(5)
The Local Development Plan (LDP) policy regarding public rights of way.
Policy 49 of the Brecon Beacons National Park LDP
Outcomes
Claim for judicial review dismissed.
While technical breaches of the Local Government Act 1972 regarding publication of HRA documents were found, the court applied section 31(2A) of the Senior Courts Act 1981, concluding that it was highly likely the outcome would not have been substantially different even if the procedures had been followed. The court also rejected the challenge to the decision regarding public rights of way.
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