Gladman Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor

Gladman Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor

The Secretary of State lawfully applied paragraph 177 of the Framework as extant policy, properly disregarded the Technical Consultation pending its outcome, provided adequate consultation and reasons, correctly recalculated housing land supply, and followed binding CJEU authority in People Over Wind; the claim is dismissed on all grounds.

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 Under Section 288 of the Town and Country Planning Act 1990 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Appropriate Assessment, Habitats Directive, National Planning Policy Framework, Housing Land Supply, Consultation Duty, Interpretation of Planning Policy
Planning Law Administrative Law Environmental Law Appropriate Assessment Habitats Directive National Planning Policy Framework Housing Land Supply Consultation Duty +1 more

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Parties

Gladman Developments Limited

Claimant

Secretary of State for Housing, Communities and Local Government

1st Defendant

Medway Council

2nd Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Secretary of State failed to apply his own policy rationally regarding paragraph 177 of the Framework
  2. 2 Whether the Secretary of State failed to have regard to a material consideration (Technical Consultation)
  3. 3 Whether the Secretary of State failed to consult the Claimant about the Technical Consultation

Ratio Decidendi

The Secretary of State lawfully applied paragraph 177 of the Framework as extant policy, properly disregarded the Technical Consultation pending its outcome, provided adequate consultation and reasons, correctly recalculated housing land supply, and followed binding CJEU authority in People Over Wind; the claim is dismissed on all grounds.

Court Disposition

Claim dismissed