Taking the fight to the High Court
Published: 16th June 2025
This week, Campaign for National Parks is in court to defend the law protecting all of England’s National Parks and National Landscapes.
On 18th June 2025, the High Court is considering a Judicial Review brought by CPRE Kent that challenges a Secretary of State’s decision to greenlight a significant housing development on the meadows of the High Weald National Landscape. More fundamentally, the case is about what the new Protected Landscapes duty means in practice – which is why Campaign for National Parks has intervened and is putting our arguments before the court. Thanks to our legal team: Alex Shattock of Landmark Chambers and solicitors Carol Day and Ricardo Gama at Leigh Day.
A step change in legal protection
Eighteen months ago, the law was changed and considerably strengthened to require all public bodies in England to ‘seek to further’ the conservation and enhancement of National Parks and National Landscapes. This was the result of years of campaigning, recommendations from the Independent Landscapes Review and cross-party support for amendments that were secured to the Levelling Up and Regeneration Act (2023).
The law now requires that: In exercising or performing any functions in relation to, or so as to affect, land in a National Park or a National Landscape a public body must seek to further the purpose of conserving and enhancing those landscapes.
An important legal precedent
What this means in practice has yet to be the subject of any substantive consideration by the courts – which is why today’s hearing is so important. This is one of the first legal cases to consider what the strengthened duty means and will therefore set a legally binding precedent on what this duty means in future for all of England’s 10 National Parks and 34 National Landscapes.
Action not words
In court on Wednesday, we argue that the duty is not a tick-box exercise. It is not sufficient to simply refer to the duty, say that you’ve complied and otherwise simply carry on “business as usual”. This is about action not words: it is a proactive duty that should make a material and significant difference to the outcome. In the case before the court this week, it is hard to see how the Secretary of State for Housing, Communities and Local Government had fully turned her mind to the application of the duty, as opposed to simply reciting it. We argue that the law requires a rigorous level of reasoning from the decision-maker, and explanation about how she has sought to further conservation and enhancement of Protected Landscapes.
We believe this is such an important point with ramifications for the protection of National Parks and National Landscapes across the country.
Wider implications for wildlife
Protected Landscapes could, and should, be playing a significant role in halting biodiversity decline, tackling the climate emergency and helping deliver the international commitment to protect 30% of land for nature by 2030. The Government acknowledges that the introduction of the Protected Landscapes duty was a key change to enable this – but it will only deliver for nature if it is implemented properly. Today’s case has wider implications than planning. For example, the water companies in England must comply with the duty, as will those making decisions on a wide range of issues including road schemes, forestry operations, public access and more. Many are watching and waiting for legal precedent that shows how they must proceed. We’re in court this week to ensure it is made clear to all public bodies that they must apply this new duty now, that they will need to change what they do, and that they need to provide evidence of how they have taken it into account in all of their decisions which affect land in Protected Landscapes.
The cost of taking a case to court
We have not taken this decision lightly: using the law to secure change is costly but can be incredibly effective. Thanks to our generous supporters, we had some funds remaining in our legal fighting fund, which enabled us to start to take on this intervention – but our coffers will soon run dry. All donations, large or small, mean that our focused, agile charity can see this case through and take on these important opportunities when they arise. Please donate to our Legal Fighting Fund here: https://www.cnp.org.uk/legal-fighting-fund/