Jurisdiction(s):
United Kingdom

England: High Court guidance on CRoW Act 2000 s 85(A1) AONB duty - strengthened but qualified; planning balance preserved; permission possible despite harm with reasons, mitigation and benefits

Published on: 15 September 2025

Published by a LexisNexis Planning expert

Legal News

Article summary

R (on the application of Campaign for the Protection of Rural England, Kent Branch) v Secretary of State for Housing, Communities and Local Government and Others (transcript) [2025] EWHC 1781 (Admin)

What are the practical implications of this case?

This judgment marks the first time the High Court has addressed the correct construction of the amended CRWA 2000, s 85(A1) duty, and how it should be applied when a planning decision bears upon an AONB.

The principal points are:

The revised CRWA 2000, s 85(A1) obligation, which requires authorities to ‘seek to further’ the objective of conserving and enhancing the natural beauty of AONBs, is a stronger requirement than the previous s 85(1) duty merely to ‘have regard’ to that objective.
However, the terms in which the duty is framed are qualified. It does not impose an obligation to deliver any particular outcome. Nor, even in its reinforced form, does it override or displace the carrying out of the statutory planning functions through which the duty is engaged...

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