![AC-2024-LDS-000251 - [2025] EWHC 2256 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
Heading
Leeds Combined Court Centre,
1, Oxford Row, Leeds LS1 3BG
Before :
THE HON MR JUSTICE KERR
Between :
THE KING on the application of CHIDSWELL ACTION GROUP | Claimant |
- and - | |
KIRKLEES COUNCIL | Defendant |
- and -
(1) CC PROJECTS (an unlimited company)
(2) HARWORTH ESTATES (AGRICULTURAL LAND) LIMITED
Interested Parties
Noémi Byrd (instructed by Direct Access) for the Claimant
Martin Carter (instructed by Ward Hadaway LLP Solicitors) for the Defendant
Alexander Booth KC and Jonathan Welch instructed by Charles Russell Speechlys LLP for the First Interested Party
The Second Interested Party did not appear and was not represented
Hearing date: 24 June 2025
Approved Judgment
This judgment was handed down remotely at 10am on 4 September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
.............................
MR JUSTICE KERR
The Hon Mr Justice Kerr:
- Heading
- Introduction
- The Facts
- Objections to the proposals
- The 8 December 2022 committee meeting
- Events after the meeting of 8 December 2022
- The Greenfields case at first instance
- The section 106 agreement
- The decision challenged
- Publication of the section 106 agreement
- Pre-action correspondence
- The present challenge
- The first supplementary planning obligation
- The order granting permission on the third and fourth grounds
- The second supplementary planning obligation
- The combined provisions of SPO (1) and SPO (2)
- The Greenfields case in the Court of Appeal
- The application to add a fifth ground of challenge
- The Issues, Reasoning and Conclusions
- Third ground: taking future ecological surveys into account without sight of the relevant condition; or that the ecology conditions which were imposed were ineffective
- Fourth ground: taking into account an inaccurate Biodiversity Net Gain (BNG) assessment and/or issuing a decision notice without legally adequate provision to secure BNG
- Fifth ground (subject to permission to amend): failing to publish the section 106 agreement in accordance with article 40(3)(b) of the 2015 DMP Order, rendering the grant of planning permission invali
- Conclusions