High Court grants permission to intervene in Protected Landscapes test case

Published: 28 May 2025

Campaign for National Parks has successfully applied to the High Court for permission to intervene in a judicial review. This case is important because it will set a precedent for how public bodies in England should comply with the new duty to ‘seek to further’ National Parks and National Landscapes.

This new duty, which came into force in December 2023, requires all public bodies, including government departments, to ‘seek to further’ the purposes of Protected Landscapes. For National Parks, that’s conserving and enhancing natural beauty, wildlife and cultural heritage, and promoting opportunities for public enjoyment. For National Landscapes, it is conserving and enhancing natural beauty.

The law is still new. In February 2025, we were granted permission to intervene in a similar test case, but soon after, the defendant (the UK Government) admitted that they had acted illegally. This meant we won the case but didn’t get an important High Court ruling on the meaning of the duty.

The next case, which considers this duty before the High Court, will be heard on 18th June. It relates to a decision made by the Secretary of State for Housing and Local Government granting permission for a major housing development in the High Weald National Landscape despite acknowledging that this development will cause harm and does not further the purposes of the landscape. While Campaign for National Parks recognises that more housing is  needed in Protected Landscapes, these must be built in a way that complies with this vital new law. Our intervention aims to provide evidence in how the duty was conceived, formulated and is being implemented to assist the High Court in its consideration. Importantly, we argue that the new duty is not a ‘tick box’ exercise – it is not enough just to say you have complied, doing so must result in a positive outcome for Protected Landscapes.

A judge’s ruling in this case will significantly impact all of England’s National Parks and National Landscapes; there must be a voice to represent these in the High Court. Thank you to all supporters who have donated to our legal fighting fund, which has enabled us to take this vital opportunity to defend National Park protections.

Notes  

1. The ‘Protected Landscapes duty’ is a duty on public bodies to seek to further the purposes of National Parks, the Broads and Areas of Outstanding Natural Beauty is set out in section 245 of the Levelling Up and Regeneration Act, 2023. It applies in England only.
2. The case relates to a housing development in the High Weald National Landscape, and a planning decision which is being challenged by CPRE Kent on the grounds that the decision is not compliant with the Protected Landscapes duty.
3. Campaign for National Parks’ intervention is focused solely on the meaning of the strengthened duty to ‘seek to further’ the purposes of Protected Landscapes.
4. Campaign for National Parks are working with solicitors Carol Day and Ricardo Gama at law firm Leigh Day, who have instructed Alex Shattock of Landmark Chambers.
5. We expect it will cost us £10,000 to take this case, which means we will need to replenish our Legal Fighting Fund. Contribute via cnp.org.uk/fighting-fund