High Court Ruling on Water Neutrality: What It Means……

High Court Ruling on Water Neutrality: What It Means……

On July 16, 2024, the High Court made a landmark decision regarding water neutrality in planning and development, marking the first time a court has ruled on this issue.

The case in question, Ward v Secretary of State for Housing, Communities and Local Government, has significant implications for future developments in Sussex and beyond.

Background

In September 2021, Natural England released guidance for developments within the Sussex North Water Supply Zone, which includes Horsham, Crawley, parts of Chichester, the South Downs National Park, and West Sussex. This guidance emphasised the need for water neutrality, meaning new developments should not increase the overall water use in the area.

The Case

The claimants applied for planning permission in 2018 for a mobile home and stable block in Horsham, this application was refused in 2019 and subsequently appealed. In December 2020, before the new guidance was issued, the claimants moved onto the site without planning permission.

After the new guidance was released, the claimants argued that since they had already been using water on the site, their development would not increase water consumption. However, Natural England stated that only developments with existing planning permission or those “otherwise accounted for” were exempt from the water neutrality requirement.

The Ruling

The High Court dismissed the claimants’ challenge on several grounds:

1. Lawful Development: The court agreed with the Inspector that only developments with legal permission or those immune from enforcement needed to demonstrate water neutrality.
2. Abeyance Proposal: The claimants’ suggestion to delay the appeal until a mitigation solution was found was rejected. The court noted the lack of clarity about the duration of the delay and potential changes during this period.
3. Split Permission: The court also dismissed the idea of granting partial permission because the claimants had not clearly requested this option.

Implications

This ruling underscores the importance of adhering to water neutrality guidelines in development projects. It highlights that all new developments must consider their water use impacts and secure proper permissions to avoid legal challenges.

Conclusion

The High Court’s decision sets a significant precedent for water neutrality in planning. Developers must now be more diligent in ensuring their projects comply with environmental guidelines to avoid similar legal issues. This case illustrates the growing importance of sustainable development practices and the legal system’s role in enforcing them.

Stay informed and engaged in local planning processes to ensure that development in your community remains sustainable and compliant with environmental standards.