The judgment is likely to be of interest to all those concerned with the development and use of land in protected landscapes, including National Parks and National Landscapes.

In New Forest National Park Authority v Secretary of State for Housing, Communities and Local Government [2025] EWHC 726, Mr Justice Mould was faced with a challenge by the National Park Authority to a grant of planning permission for a residential extension by an Inspector on appeal. The Authority alleged errors by the Inspector in respect of his treatment of development plan policies and, of wider significance, the duty in section 11A(1A) of the National Parks and Access to the Countryside Act 1949. Section 11A(1A) imposes a duty to “seek to further” the statutory purposes of National Parks, which include conserving and enhancing the natural beauty, wildlife and heritage of the National Park. The duty previously required relevant authorities to “have regard to” those purposes. Section 245 of the Levelling-up and Regeneration Act 2023 has “strengthened” the duty (as Mould J observed), so that relevant authorities must now “seek to further” the purposes.

The Judge discussed the scope of the duty and gave guidance on its operation. He observed that the duty is in qualified terms and does not impose a duty necessarily to fulfil the purposes. However, in any case in which a planning authority determines that a planning application proposes development which is in conflict with the purposes or will undermine their fulfilment, the authority ought both to consider whether and to explain why they have decided that planning permission may justifiably be granted. In response to submissions on the statutory purpose of “conserving and enhancing”, the Judge commented that it is not a necessary prerequisite for the proper discharge of the duty under section 11A(1A) that the decision maker also determines whether the planning application proposes development which would enhance the characteristic features of the National Park. The Judge went on to dismiss the claim.

The judgment can be found here.

Hugh Flanagan acted for the Secretary of State, instructed by the Government Legal Department.