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Government admits to error of law in approval for Essex train station car park extension

The government has accepted that a planning inspector failed to apply updated law when reviewing the case for expanding a commuter car park at a train station in Essex.

Posted on 03 February 2025

The car park expansion at Manningtree Station has faced opposition from campaigners at Dedham Vale Society (DVS) and Campaign for National Parks (CNP), represented by Leigh Day, who argued that the approval decision ignored a statutory duty to protect designated countryside areas.

Manningtree Station and its car park is located in an Area of Outstanding National Beauty (AONB) - areas of countryside protected in order to conserve and enhance their natural beauty - which includes the historic pilgrimage path St Edmund Way.

In 2018, train operator Greater Anglia built an extension to the car park to cope with increased traffic without planning permission or an environmental assessment.

The extension includes a 200-metre wall and a bike shed which campaigners argue restricts access to and compromises enjoyment of the area, and increases light pollution affecting the dark sky status of the AONB (also known as National Landscapes) it resides in.

The development had previously faced opposition from Tendring District Council. However, this was withdrawn in June 2024 after a planning inspector retrospectively found in favour of the expansion, with the Secretary of State for Levelling Up, Housing and Communities having issued a negative screening direction meaning that no environmental assessment of the development was required.

DVS subsequently applied for a judicial review of the Secretary of State’s decision to issue a negative screening direction for the car park extension and in December 2024, CNP was granted permission to intervene in the claim in support of DVS.

CNP submitted legal arguments in its intervention that strengthened legislation introduced under the Levelling Up and Regeneration Act (LURA) 2023 relating to AONBs had not been taken into account when the screening direction was made.

The campaign group pointed out that the LURA made an amendment to the Countryside and Rights of Way Act, which protects AONBs, that now places a duty on public authorities to “seek to further" the conservation and enhancement of AONBs, rather than to just “have regard” for these purposes.

CNP’s intervention argued that this strengthened duty could have made a difference to the outcome of the screening direction had it been properly considered.

Responding to the intervention, the Secretary of State has agreed to submit a new environmental screening decision on the expansion which will take into account the updated legislation.

Dr Rose O'Neill from the Campaign for National Parks said:

"This is a hugely significant win for all of England’s 10 National Parks and 34 National Landscapes. Since the law was changed in 2023, public bodies must seek to further conservation and enhancement of these areas. But government departments and bodies, such as Ofwat, water companies and National Highways, have turned a blind eye and continued business as usual. The Secretary of State’s admission to the High Court that this is unlawful paves the way for all other public bodies to wake up and take action.”

Leigh Day environment solicitor Carol Day said:

“Our client is pleased the Secretary of State has consented to judgment in this case. The duty on public bodies introduced under the Levelling Up and Regeneration Act (LURA) 2023 created a set of new, proactive duties requiring them to seek to further the statutory purpose of AONBs, National Parks and the Broads. This means that public bodies must now be able to evidence the steps they’ve taken to taken to comply with these new duties.” 

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Carol Day
Environment Judicial review Planning Wildlife

Carol Day

Carol founded the firm's environmental litigation service in 2013

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