National Landscape car park expansion challenge

The first known outcome applying the new statutory regime that authorities in English National Landscapes ‘must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty’. A similar provision applies to authorities in England’s National Parks. This has potentially significant implications on how decision making is made in England’s most protected areas.

Our client, the Dedham Vale Society, alongside interveners the Campaign for National Parks, have won a judicial review challenge against the Secretary of State for Housing, Communities and Local Government over the decision by an inspector to negatively screen a car park expansion at Manningtree Station under the EIA Regulations without applying the revised duty under section 85, Countryside and Rights of Way Act 2000. Following the filing of skeleton arguments the SoS, and the train company interested party, consented to judgment accepting that the failure to apply the duty in making the screening decision constituted an error of law and the outcome might have been different had it been applied. The Government agreed to pay our client’s costs.

This is the latest stage of a long- running saga where rail company, Transport UK East Anglia Limited, constructed a car park extension featuring a 200 metre long retaining wall and extensive lighting at Manningtree Station within the Dedham Vale National Landscape (formerly AONB) reliant on permitted development rights. The development is adjacent to the St Edmund Way long distance footpath and a well-publicized National Trust walk to experience ‘Constable country’.

We were initially instructed by Dedham Vale Society during the construction of the car park to inform the local Council that as a development was ‘schedule 2 development’ under the EIA Regulations within a ‘sensitive area’ (the National Landscape) the development fell outside the permitted development regime and therefore had to be screened under the Regulations. The Council confirmed via a detailed EIA screening opinion that the development was EIA development i.e. there were ‘likely significant environmental effects’ from the development and consequently issued an enforcement notice requiring the demolition of the car park extension as a planning breach.

Transport UK East Anglia Limited appealed the enforcement notice and sought a screening direction under the EIA Regulations from the SoS. The SoS’s screening direction differed from that of the Council and found that there were no likely significant environmental effects from the development. The screening matrix explicitly stated that the SoS had not considered any other statute in making the decision. The practical implication of this screening assessment was that the permitted development regime then applied to the car park extension leading to the enforcement notice being withdrawn from the Council. It was this decision that was subject to the successful judicial review challenge. The terms of the consent order quashing the decision means that any decision maker in deciding EIA screening opinions and directions in protected landscapes must consider, and apply, the statutory duty.

The EIA screening direction has returned to the Secretary of State with detailed commentary from the National Landscape board and our clients. A decision is awaited. The Council has also been informed of the outcome and our clients are hopeful that the enforcement notice will be reinstated soon.

Ben Fullbrook of Landmark Chambers is instructed as counsel in the case. Campaign for National Parks, represented by Leigh Day, intervened in the proceedings.