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 Inspector erred in law by failing to provide legally adequate reasons for departing from previous decisions, particularly the Meppershall appeal, regarding whether policy DM4 was out of date and the weight to be attached to it. The North Wiltshire principle required the Inspector to address and justify any departure from previous materially similar decisions. The Inspector's reasoning did not sufficiently grapple with the evidence or the inconsistencies with the Framework, rendering the decision unlawful.

Parties
Claimant: Gladman Developments Limited; First Defendant: Secretary of State for Housing Communities and Local Government; Second Defendant: Central Bedfordshire Council
Jurisdiction
England and Wales
Judgment Date
29 January 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed; matter remitted for re-determination
Legal Topics
Consistency in Decision Making, Material Considerations, Development Plan Policies, Housing Land Supply, Weight of Planning Policies
Planning Law Administrative Law Consistency in Decision Making Material Considerations Development Plan Policies Housing Land Supply Weight of Planning Policies

Case Brief

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Parties

Gladman Developments Limited

Claimant

Secretary of State for Housing Communities and Local Government

First Defendant

Central Bedfordshire Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by failing to provide adequate reasons for departing from previous decisions regarding policy DM4
  2. 2 Whether policy DM4 is out of date and the weight to be attached to it
  3. 3 Application of the North Wiltshire principle of consistency in planning decisions

Ratio Decidendi

The Inspector erred in law by failing to provide legally adequate reasons for departing from previous decisions, particularly the Meppershall appeal, regarding whether policy DM4 was out of date and the weight to be attached to it. The North Wiltshire principle required the Inspector to address and justify any departure from previous materially similar decisions. The Inspector's reasoning did not sufficiently grapple with the evidence or the inconsistencies with the Framework, rendering the decision unlawful.

Court Disposition

Decision quashed; matter remitted for re-determination

Orders

  • The Inspector's decision is quashed
  • The matter is to be re-determined