Housing development in ancient woodland quashed
R(Swire) v Canterbury City Council
This was a successful challenge to the variation of a condition on a permission for 10 homes next to Larkey Valley Woods, an ancient woodland and site of special scientific interest (SSSI). The dwellings would end up closer to the ancient woodland boundary and SSSI. The variation was contrary to existing Natural England guidance on the nature and size of ancient woodland buffer zones.
The variation to the planning permission was challenged by Judicial Review on three grounds: (1) failure to take into account a material consideration – namely ecological advice concerning the development and thus whether the principle of the proposed residential development on the site remained acceptable; (2) failure to take into account the requirement of a minimum 15 metre buffer zone between the development and the SSSI Ancient Woodland, or alternatively, failure to give reasons; (3) failure to carry out an EIA screening opinion.
Following the granting of permission for Judicial Review to proceed on grounds 1 and2 (ground 3 was not pursued following receipt of the Council’s defence) Canterbury City Council consented to quash the permission and pay the Claimant’s costs.
Counsel for the Claimant was Andrew Parkinson of Landmark Chambers.
- Consent order
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Senior Solicitor- Partner
Commentary
Recently there has been much greater appreciation by statutory consultees of the need of more substantial buffer zones for veteran trees and ancient woodland. This is not just in physical distance from development but also what the buffer zone should consist of (i.e., not part of the garden). Although the ideal position is that development should not be anywhere near such protected habitats, in cases such as this, by pointing out the clear flaw in consideration, the Council accepted that it had failed to take into account the statutory guidance, as separately communicated by their ecology officer.