The South Downs National Park Authority accepted that it failed to properly apply the protected landscape duty in s.11(1A) of the National Parks and Access to the Countryside Act 1949. The officer had stated it was “necessary to be mindful of” the National Park statutory purposes. It was agreed that this was contrary to the new duty, as amended by the Levelling-up and Regeneration Act 2023, and the guidance of Mould J in New Forest National Park Authority v Secretary of State [2025] EWHC 726 (Admin) at [61]-[62] and [66]. The National Park Authority also accepted it had failed to give sufficient reasons as to how they had complied with the duty.

Gabriel Nelson acted for the successful Claimant, instructed initially by Emma Montlake at the Environmental Law Foundation and then Paul Taylor at Richard Buxton Solicitors.