High Court rejects challenge to Thetford Area Action Plan, leaving way clear for 5,000 new homes

The AAP and the Council’s Core Strategy designate an area to the north-east of Thetford, including the Kilverstone Estate, for the construction of 5,000 houses. Shadwell Estate Company Ltd had challenged the plans, claiming that the AAP did not fully assess the impact on stone curlews, a crow-sized bird which is a protected species under the Habitats Directive.

Shadwell is the owner of land to the south-east of Thetford, which has been identified as Breckland Special Protection Area (SPA) under the Habitats Directive due to the presence of stone curlews. A planning application on land which includes Kilverstone is being promoted by Pigeon (Thetford) Ltd.

Shadwell's challenge sought to overturn the adoption of the Thetford AAP on three grounds.

Firstly, it argued that the Council had failed to carry out an adequate sustainability appraisal and strategic environmental assessment.

Secondly, Shadwell submitted that the Inspector who conducted the examination of the AAP was incorrect in finding that the AAP was “sound” in respect of its sustainability appraisal requirements because the Council had not disclosed ecology surveys.

Shadwell's third and final argument was that the Council’s Habitats Regulations assessment had failed to consider the presence of stone-curlews up to a distance of 2,500 metres from the designated development site.

However, Mr Justice Beatson rejected the challenge on all three grounds.

The judge said that, in relation to the first ground of challenge, the sustainability appraisal and strategic environmental assessment for the Core Strategy was not challengeable. The surveys undertaken had not underestimated the presence of stone curlews, he said. In addition, the judge noted the Council’s approach had the strong support of Natural England, a statutory consultee whose views must be given considerable weight, and of the RSPB.

In relation to the second ground, the judge reasoned that the disclosure of the ecology surveys would have had no impact on the Inspector’s conclusions, and that the survey results were consistent with the other material considered by the Inspector which provided no evidence of sufficient stone curlew breeding attempts on Kilverstone land.

On the third ground, it was noted that consideration of the impact of the development on stone curlews within a 1,500 metre distance was endorsed by Natural England and the RSPB and was adopted in the Core Strategy that Shadwell had not objected to.

"The Thetford Area Action Plan was developed over four years and complied with a rigorous statutory process that involved consultation with local communities, environmental groups and government agencies so that everyone’s view and expertise could be taken into account," Mark Kiddle-Morris, Breckland Council executive member for assets & strategic development, said in a statement. "By balancing government requirements, the needs of local residents and protection of the local environment, the Thetford Area Action Plan will provide a framework that will achieve growth, regeneration and sustainability for Thetford in future years."