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High Court considers duty to “seek to further” the purposes of the AONB

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The official transcript in R (CPRE Kent) v SSHCLG [2025] EWHC 1781 (Admin) is now available here.

The case concerned a challenge by CPRE to the decision to permit 165 homes in Cranbrook, Kent. The High Court has (1) confirmed that the duty in s. 85(1A) CROW Act to “seek to further” the purposes of an AONB does not require refusing planning permission whenever there is residual harm to it, and (2) considered the standard of reasons required for an analysis of whether the duty has been complied with.

Tim Buley KC appeared for the Secretary of State, leading Hugh Flanagan of FTB.

James Maurici KC and Nick Grant appeared for Berkeley Homes, instructed by Claire Dutch and Alice Rowland at Ashurst LLP. They acted for Berkeley throughout the inquiry and before the High Court in a previous case.

Alex Shattock made submissions in writing on behalf of the Intervenor, the Campaign For National Parks, instructed by Ricky Gama, Carol Day and Lily Hartley-Matthews at Leigh Day.

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