Supreme Court refuses permission to appeal in first local plan challenge

The Supreme Court has refused permission to challenge a council’s adopt core strategy, concluding that the courts below “were clearly right”, it has emerged.

A three-judge panel – comprising Lord Neuberger, Lord Mance and Lord Carnwath – said last month that permission should be refused in R (on the application of No Adastral New Town Limited) (appellant) v Suffolk Coastal District Council (respondent) and another as “in any event there is no point of law of general importance”.

The case involved a challenge to Suffolk Coastal District Council’s core strategy. This was on grounds relating to Strategic Environmental Assessment and Appropriate Assessment under the Habitats Directive/Regulations.

In February this year the Court of Appeal confirmed that errors in environmental assessments were capable of being cured by further consultations prior to the adoption of the plan.

The Court also upheld the earlier decision of Mrs Justice Patterson in the Administrative Court.

For an analysis of the Court of Appeal ruling, see Curing errors in the environmental assessment process by Paul Shadarevian and Emma Dring of Cornerstone Barristers, who acted for Suffolk Coastal in these proceedings.