Gladman Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2019] EWHC 2001 (Admin) (24 July 2019)

Gladman Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2019] EWHC 2001 (Admin) (24 July 2019)

The Secretary of State lawfully applied paragraph 177 of the 2018 NPPF in refusing to apply the presumption in favour of sustainable development ('tilted balance') where Appropriate Assessment was required, regardless of its outcome. The policy was clear, in force, and not yet amended at the time of decision. There was no legal obligation to consult further on the Technical Consultation or new evidence, and the reasons given were legally adequate. The challenge to the application of People Over Wind was rejected as it was binding law.

Citation
[2019] EWHC 2001 (Admin)
Parties
Claimant: Gladman Developments Limited; 1st Defendant: Secretary of State for Housing, Communities and Local Government; 2nd Defendant: Medway Council
Jurisdiction
England and Wales
Judgment Date
24 July 2019
Procedural Posture
Judicial Review (section 288 TCPA 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Appropriate Assessment, Habitats Directive, National Planning Policy Framework, Five Year Housing Land Supply, Judicial Review, Statutory Interpretation
Planning Law Administrative Law Environmental Law Appropriate Assessment Habitats Directive National Planning Policy Framework Five Year Housing Land Supply Judicial Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Gladman Developments Limited

Claimant

Secretary of State for Housing, Communities and Local Government

1st Defendant

Medway Council

2nd Defendant

Procedural Posture

Judicial Review (section 288 TCPA 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State lawfully applied paragraph 177 of the National Planning Policy Framework (NPPF) in refusing planning permission after Appropriate Assessment
  2. 2 Whether failure to consult on the Technical Consultation or new evidence breached procedural fairness
  3. 3 Whether the Secretary of State failed to provide adequate reasons for his decision

Ratio Decidendi

The Secretary of State lawfully applied paragraph 177 of the 2018 NPPF in refusing to apply the presumption in favour of sustainable development ('tilted balance') where Appropriate Assessment was required, regardless of its outcome. The policy was clear, in force, and not yet amended at the time of decision. There was no legal obligation to consult further on the Technical Consultation or new evidence, and the reasons given were legally adequate. The challenge to the application of People Over Wind was rejected as it was binding law.

Court Disposition

Claim dismissed

Orders

  • The claim under section 288 TCPA 1990 is dismissed.
  • No order for quashing the Secretary of State's decision.