Court hands down judgment in National Landscapes case

Mould J recently handed down judgment in Wadhurst Parish Council v Secretary of State for Housing Communities and Local Government [2025] EWHC 1735 (Admin).

The case concerned the grant of planning permission (on appeal) for camping-related development in the High Weald National Landscape (HWNL).

The Claimant raised two grounds of challenge, both relating to the application of the recently amended National Landscapes duty in s.85 of the Countryside and Rights of Way Act 2000.

The first ground alleged that the Inspector’s decision letter should be interpreted as including findings of harm to the natural beauty of the HWNL and that, in light of this, the Inspector was required to apply his mind to whether a grant of permission would be in accordance with his duty to seek to further the purpose of conserving and enhancing the natural beauty of the HWNL. Mould J found that, on its facts, the decision should not be interpreted in this way and so dismissed this ground.

The second ground alleged a failure to have regard to a material part of the HWNL Management Plan. The judgment affirmed the relevance of such plans to the discharge of the s.85 duty, but found on the facts that the Inspector did have sufficient regard to the Management Plan in this case.

The judgment contains some helpful analysis of this relatively new statutory duty.

Ben Fullbrook represented the Claimant, instructed by David Warman of Richard Max & Co Solicitors.