SAN Investments Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2830 (Admin) (09 November 2016)

Paragraph 22 NPPF is not applicable to the site in question because it was not formally allocated for employment use in the development plan. The Inspector's interpretation was correct, and there was no error of law. Even if paragraph 22 applied, the Inspector found there was a reasonable prospect of future commercial use, so the precondition for its application was not met.

Citation: [2016] EWHC 2830 (Admin)
Parties: Claimant: SAN Investments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Birmingham City Council
Jurisdiction: England and Wales
Judgment Date: 09 November 2016
Procedural Posture: Judicial Review / Renewed Application for Permission
Outcome: Application dismissed
Legal Topics: Change of Use, National Planning Policy Framework, Conservation Areas, Development Plans, Judicial Review

Planning Law Administrative Law Change of Use National Planning Policy Framework Conservation Areas Development Plans Judicial Review

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Parties

SAN Investments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Birmingham City Council

Second Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

1 Whether the Planning Inspector erred in law by misapplying paragraph 22 of the National Planning Policy Framework (NPPF)
2 Whether the Inspector failed to give adequate reasons regarding paragraph 22 NPPF
3 Whether paragraph 22 NPPF applies to non-allocated sites

Ratio Decidendi

Court Disposition

Application dismissed