Failure to consider listed buildings or ancient woodland leads to planning approval being quashed

Full judgment: Rickards, R (On the Application Of) v East Hertfordshire District Council [2025] EWHC 2278 (Admin)

The Claimant filed a claim for judicial review after the Council granted prior approval for the construction of three large polytunnels and related hard infrastructure on farmland pursuant to permitted development rights. The proposed development site is in the vicinity of the Claimant’s listed building, The Gage, and Bayford Wood, designated ancient woodland.

Two grounds of the judicial review claim were successful: failure to take account of the potential impact of the development on the Bayford Wood ancient woodland; and failure to take account of the potential impact of the development on the Claimant’s listed building. The court found no evidence that either designation was taken into account in deciding to grant prior approval, or even that the officer was aware that The Gage was listed and Bayford Wood an ancient woodland.

The impact of the development on the listed building and the ancient woodland were material considerations that should have been assessed as part of the prior approval decision. As the Council had failed to do this, the decision was quashed.

DJB Comment: Whilst it is a well-established principle that officer reports “are not to be read with undue rigour, but with reasonable benevolence”, the court will not be prepared to make a leap and assume that material considerations were properly considered when there is no evidence of it. A useful reminder to check for local designations and consider proposed development in light of their existence - and make reference to that process in the report.

Nigel Hewitson, Planning Partner

Janine Shaw, Planning Partner

Chrisa Tsompani, Planning Partner