Turnden JR: disappointing result but we’ll always fight for our countryside

CPRE Kent is naturally disappointed with Mr Justice Mould’s verbal judgment on Friday, June 20, 2025, dismissing our judicial review challenge against the decision by Angela Rayner, Secretary of State for Housing, Communities and Local Government, to grant planning permission for 165 homes at Turnden, near Cranbrook, within the High Weald National Landscape.

Although the High Court verdict is frustrating, we take comfort from the important clarification provided by the court regarding the strengthened legal duty of decision-makers to actively seek to further the conservation and enhancement of England’s National Landscapes.

Specifically, it has confirmed that the recent New Forest judgment sets the test that authorities must now use when considering this enhanced duty[1]. This test emphasises that decision-makers must actively demonstrate how proposed developments will protect and improve our valued landscapes, clearly explaining how any harm identified will be effectively reduced or compensated.

Nevertheless, we remain concerned that this stronger duty was not clearly followed in the Secretary of State’s decision at Turnden. Although harm to the landscape was recognised, we do not believe there was adequate explanation of how this harm could be effectively reduced or compensated.

Further, we have real concerns that harm to our most valued landscapes can simply be ‘mitigated away’ without any genuine attempt by decision-makers or developers to fulfil their enhanced legal duty in the intended spirit.

Despite these reservations, CPRE Kent is proud to have taken this important action. We believe our beautiful countryside is precious and we will always fight to ensure that planning decisions properly protect these special places. We remain committed to tirelessly campaigning for the rural environment – if we don’t stand up for the country’s most precious landscapes, who will?

We are also immensely grateful to our members and supporters whose generosity made this legal challenge possible. While it was not the result we were hoping for, this important clarification in the law marks real progress and will help secure stronger protection for our precious landscapes for years to come.

The official transcript of Mr Justice Mould’s judgment is awaited.

[1] See https://www.bailii.org/ew/cases/EWHC/Admin/2025/726.html – specifically paras 61-63

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