Coldthorn Ancient Woodland challenge

Lisa Foster successfully concluded s288 proceedings on behalf of the Woodland Trust to quash the decision of the Secretary of State to allow an Appeal against decisions to refuse planning permission for residential housing alleging that the Inspector took an unlawful approach to considering whether or not land to the north and south of the application site and known as Coldthorn Wood was “ancient woodland” for the purposes of paragraph 180(c) of the National Planning Policy Framework (“the NPPF”).

While the identification of ancient woodland for the purposes of the NPPF is a matter of planning judgment for the Inspector, the Defendant accepted that the Inspector’s erred in his reasoning that conclusive proof (i.e, maps from — at the latest — 1600) was required to establish that Coldthorn Wood fell within the definition of ancient woodland in the NPPF. The First Defendant accepted that this error materially affected the outcome of the Appeal and accordingly it is appropriate for the Court to make an Order quashing the decision and remitting the matter to the First Defendant for redetermination. This is important as the Defendant accepted that the test used by the SoS for what is Ancient woodland was incorrect.