Gladman Developments Ltd v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2768 (Admin) (06 November 2017)

Gladman Developments Ltd v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2768 (Admin) (06 November 2017)

The Inspector lawfully assessed the air quality impacts of the proposed developments, was entitled to evaluate the effectiveness of mitigation measures based on the evidence, was not required to presume future compliance with air quality directives or to impose unrequested conditions, and sufficiently explained the conflict with air quality action plans and the limited weight given to the emerging development plan.

Citation
[2017] EWHC 2768 (Admin)
Parties
Claimant: Gladman Developments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Swale Borough Council; Interested Party: Campaign to Protect Rural England (Kent Branch)
Jurisdiction
England and Wales
Judgment Date
06 November 2017
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Air Quality, Planning Permission, Mitigation Measures, Judicial Review, National Policy Planning Framework (nppf), Air Quality Directive 2008/50/ec, Air Quality Standards Regulations 2010
Planning Law Environmental Law Administrative Law Air Quality Planning Permission Mitigation Measures Judicial Review National Policy Planning Framework (nppf) +2 more

Case Brief

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Parties

Gladman Developments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Swale Borough Council

Second Defendant

Campaign to Protect Rural England (Kent Branch)

Interested Party

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in assessing air quality impacts of proposed developments
  2. 2 Whether the Inspector failed to apply the outcome of Client Earth (No.2) regarding air quality action plans
  3. 3 Whether the Inspector failed to give effect to the presumption that regulatory regimes are effective

Ratio Decidendi

The Inspector lawfully assessed the air quality impacts of the proposed developments, was entitled to evaluate the effectiveness of mitigation measures based on the evidence, was not required to presume future compliance with air quality directives or to impose unrequested conditions, and sufficiently explained the conflict with air quality action plans and the limited weight given to the emerging development plan.

Court Disposition

Claim dismissed