Chambers Trio Involved in Significant Case on Amended Protected Landscapes Duty
Public Law and Judicial Review, Planning and Environment, Local Government
Three members of Chambers are involved in a case about the approach to the amended “Protected Landscapes Duty”, which has “general significance to the operation of the town and country planning system”
Emmaline Lambert, Emma Dring and Jack Barber are instructed in a statutory planning challenge raising important issues about the interpretation of a recently amended statutory duty concerning Protected Landscapes: CPRE Kent v (1) Secretary of State for Housing, Communities and Local Government (2) Tunbridge Wells Borough Council (3) Berkeley Homes (Eastern Counties) Limited.
Section 85(A1) of the Countryside and Rights of Way Act 2000, as amended by the Levelling Up and Regeneration Act 2023 and in force since 26 December 2023, requires relevant authorities to “seek to further the purpose of conserving and enhancing the natural beauty” of Areas of Outstanding Natural Beauty when exercising functions affecting such land. Equivalent duties apply in National Parks and the Norfolk and Suffolk Broads.
The claim challenges the Secretary of State’s decision in November 2024 to grant planning permission for 165 dwellings near Turnden, Cranbrook, within the High Weald AONB (the previous refusal of permission by Michael Gove MP having been quashed in October 2023). Key issues include whether the Secretary of State breached the amended duty (Ground 1A) and whether she gave adequate reasons for concluding the duty was met (Ground 1B).
Specifically, the case raises the question of whether the words “seek to further” as contained in the amended s.85(A1) CROW Act alter the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an Area of Outstanding Natural Beauty, and thus fail to conserve its natural beauty.
The case is linked to a parallel claim brought by Wadhurst Parish Council. Both claims will be heard by Mr Justice Mould on 18–19 June 2025. In granting permission, the judge noted the case raises issues of “some general significance to the town and country planning system”. Judgment is likely to be reserved.
Emma Dring and Jack Barber are instructed by Richard Buxton Solicitors on behalf of the Claimant, the Campaign to Protect Rural England (Kent).
Separately, Emmaline Lambert is instructed by Mid-Kent Legal Services on behalf of the Second Defendant, Tunbridge Wells Borough Council.
