North Wiltshire District Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2007] EWHC 886 (Admin) (13 March 2007)

North Wiltshire District Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2007] EWHC 886 (Admin) (13 March 2007)

The Inspector's decision letter, when read as a whole, was lawful and adequately reasoned. The Inspector was entitled to treat the need for affordable housing as a material consideration capable of outweighing development plan conflict. The Inspector's treatment of precedent and national policy was sufficient, and the decision was not perverse or irrational. The appeal fails.

Citation
[2007] EWHC 886 (Admin)
Parties
Claimant: North Wiltshire District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Chippenham Motors Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2007
Procedural Posture
Judicial Review (planning Appeal) / Judgment on Appeal Under Section 288 Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Affordable Housing, Development Plan, Material Considerations, Planning Permission, Rural Exception Sites, Judicial Review
Administrative Law Planning Law Local Government Law Affordable Housing Development Plan Material Considerations Planning Permission Rural Exception Sites +1 more

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Parties

North Wiltshire District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Chippenham Motors Limited

Second Defendant

Procedural Posture

Judicial Review (planning Appeal) / Judgment on Appeal Under Section 288 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector's decision to grant planning permission for affordable housing in open countryside was lawful
  2. 2 Whether the Inspector failed to properly apply or reason under the relevant development plan and national policy
  3. 3 Whether the need for affordable housing can be a material consideration outweighing development plan conflict

Ratio Decidendi

The Inspector's decision letter, when read as a whole, was lawful and adequately reasoned. The Inspector was entitled to treat the need for affordable housing as a material consideration capable of outweighing development plan conflict. The Inspector's treatment of precedent and national policy was sufficient, and the decision was not perverse or irrational. The appeal fails.

Court Disposition

Appeal dismissed

Orders

  • Application dismissed
  • Order for costs in favour of the Secretary of State for £4,900.03