Court of Appeal to hear appeal from outdoor education facility over planning permission for waste facility

In June 2025, the High Court found the council was entitled to give itself planning consent for the household waste recycling centre, adjacent to both a similar existing facility and the children’s outdoor education site.

Hilltop is a residential outdoor education facility for children aged 4 to 12 years old.

Its operator argued it was unlawful to have given consent for the new waste site because Norfolk failed to consider alternative sites, took into account irrelevant considerations when deciding whether the site constituted 'major development’ under policy on the Norfolk Coast National Landscape, and acted irrationally by deciding it was not ‘major development’ under paragraph 183 of the National Planning Policy Framework (NPPF).

Hilltop also argued the council failed to interpret and lawfully apply the NPPF, failed to discharge its obligation under s.149 of the Equality Act 2010 and had an unlawful screening opinion by failing to consider the effects on human health of certain types of waste.

Mrs Justice Lieven dismissed all grounds argued by the site operator, and ordered the claimant to pay the council’s costs, capped at £10,000.

By Appellant’s Notice submitted on 3 July 2025, Hilltop Experiences Ltd appealed the order of the High Court.

Lottie Winson