High Court quashes development due to lack of appropriate assessment

Planning permission for 30 residential dwellings and car parking arrangements to replace a horse stables near a legally protected area has been quashed by the High Court due to a lack of appropriate assessment.

Justice Dove said this week that the European Habitats Directive and the Conservation of Habitats and Species Regulations 2017 had been breached by the planning inspector, who was acting on behalf of the secretary of state James Brokenshire, when he granted planning permission for 30 homes in a village in Hampshire.

Dove quashed the planning permission because he could not establish if the planning inspector would have reached the same decision “without the error of law which occurred” and believed the planning balance in favour of the development had been distorted, he said.

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