Barratt Developments Plc v City of Wakefield Metropolitan District Council & Anor [2009] EWHC 3208 (Admin) (10 December 2009)

Barratt Developments Plc v City of Wakefield Metropolitan District Council & Anor [2009] EWHC 3208 (Admin) (10 December 2009)

The court held that Wakefield's Core Strategy Policy CS6 was not outside the appropriate power. The policy, as amended and adopted, set a target for affordable housing that was supported by a robust and credible evidence base, allowed for flexibility through negotiation on a site-by-site basis, and was justified in light of national and regional policy requirements. The Inspector's conclusions were rational and supported by the evidence, and the policy was not rendered unlawful by the absence of explicit trigger points or by the economic conditions prevailing at the time of adoption.

Citation
[2009] EWHC 3208 (Admin)
Parties
Claimant: Barratt Developments PLC; First Defendant: City of Wakefield Metropolitan District Council; Second Defendant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
10 December 2009
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Affordable Housing Policy, Core Strategy Adoption, Economic Viability Assessment, Judicial Review of Planning Decisions
Planning Law Administrative Law Local Government Law Affordable Housing Policy Core Strategy Adoption Economic Viability Assessment Judicial Review of Planning Decisions

Case Brief

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Parties

Barratt Developments PLC

Claimant

City of Wakefield Metropolitan District Council

First Defendant

Secretary of State for Communities and Local Government

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Wakefield's Core Strategy Policy CS6 on affordable housing was outside the appropriate power under the Planning and Compulsory Purchase Act 2004 due to failure to conform with statutory requirements and national policy.
  2. 2 Whether the policy was justified, based on robust and credible evidence, and sufficiently flexible to account for economic conditions.

Ratio Decidendi

The court held that Wakefield's Core Strategy Policy CS6 was not outside the appropriate power. The policy, as amended and adopted, set a target for affordable housing that was supported by a robust and credible evidence base, allowed for flexibility through negotiation on a site-by-site basis, and was justified in light of national and regional policy requirements. The Inspector's conclusions were rational and supported by the evidence, and the policy was not rendered unlawful by the absence of explicit trigger points or by the economic conditions prevailing at the time of adoption.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is refused.
  • Policy CS6 of Wakefield's Core Strategy is upheld.