North Wiltshire District Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor

North Wiltshire District Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor

The Inspector's decision letter, though poorly phrased, was adequate in reasoning and lawful. The Inspector was entitled to consider the need for affordable housing as a material consideration capable of outweighing the development plan. The Inspector's treatment of precedent and national policy was sufficient, and the decision was not perverse.

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 / Judgment on Appeal Under Section 288 of the Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Affordable Housing, Development Plan, Material Considerations, Judicial Review, Statutory Interpretation
Planning Law Administrative Law Affordable Housing Development Plan Material Considerations Judicial Review Statutory Interpretation

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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 / Judgment on Appeal Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector's decision to allow planning permission for affordable housing in open countryside was lawful
  2. 2 Whether the Inspector failed to properly consider development plan policies and material considerations
  3. 3 Whether the Inspector's reasoning was adequate

Ratio Decidendi

The Inspector's decision letter, though poorly phrased, was adequate in reasoning and lawful. The Inspector was entitled to consider the need for affordable housing as a material consideration capable of outweighing the development plan. The Inspector's treatment of precedent and national policy was sufficient, and the decision was not perverse.

Court Disposition

Appeal dismissed

Orders

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