CPRE Kent are the claimants in the ‘Turnden’ case linked to Wadhurst Parish Council’s challenge of the Secretary of State’s decision to allow permanent camping and yurts at Bewl Water.
Specifically, the case raises the question of whether the words “seek to further” as contained in the amended s.85(A1) CROW Act alter the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an Area of Outstanding Natural Beauty, and thus fail to conserve its natural beauty.
The judge noted the case raises issues of “some general significance to the town and country planning system”.
For more details, see here https://cornerstonebarristers.com/chambers-trio-involved-in-significant-case-on-amended-protected-landscapes-duty/
Photograph of Bewl Water Sunset with kind permission of Brian Ellis Photography https://www.facebook.com/profile.php?id=100063471669582&sk=about
