Court of Appeal grants permission in Wealden habitats and AONB case

Lindblom LJ has today granted permission to appeal in respect of appeals brought by the Secretary of State and Knight Developments, the Interested Party, against the decision of Lang J. in Wealden DC v Secretary of State for Communities and Local Government [2016] EWHC 247 (Admin). Lang J. quashed a permission granted by an Inspector on appeal for planning permission for housing and associated development at Steel Cross, north of Crowborough, East Sussex. She held that the Inspector had erred in the way he dealt with habitats issues and the AONB. The application site lies within 7km of the Ashdown Forest Special Protection Area (“SPA”), Special Area of Conservation (“SAC”) and Site of Special Scientific Interest (“SSSI”) and the issues raised in the proceedings concern nitrogen deposition.

Lindblom J. indicated that both appeals had a real prospect of success and should he heard together.

James Maurici QC is acting for the Knight Developments.

Rhodri Price Lewis QC and Scott Lyness are acting for Wealden.