Bovis Homes Ltd v Secretary of State for Communities & Local Government & Ors [2016] EWHC 2952 (Admin) (02 September 2016)

Bovis Homes Ltd v Secretary of State for Communities & Local Government & Ors [2016] EWHC 2952 (Admin) (02 September 2016)

The Secretary of State's decision did not engage the consistency principle as the circumstances of the Brockworth and Bovis sites were materially different; the Secretary of State correctly treated the two limbs of NPPF paragraph 14 as alternatives and provided a freestanding balancing exercise; and both the Inspector and Secretary of State applied the correct 'severe residual cumulative impact' test under NPPF paragraph 32, with no separate or inconsistent test introduced by reference to circular 02/2013. No arguable grounds for judicial review were established.

Citation
[2016] EWHC 2952 (Admin)
Parties
Claimant: Bovis Homes Limited; Claimant: Miller Homes; First Defendant: Secretary of State for Communities & Local Government; Second Defendant: Cheltenham Borough Council; Third Defendant: Leckhampton with Warden Hill Parish Council; Fourth Defendant: Leckhampton Green Land Action Group Limited
Jurisdiction
England and Wales
Judgment Date
02 September 2016
Procedural Posture
Judicial Review (planning) / Permission Application Under Section 288 Town and Country Planning Act 1990
Outcome
Permission to apply for judicial review refused
Legal Topics
Consistency in Planning Decisions, Interpretation of NPPF Paragraph 14, Interpretation of NPPF Paragraph 32, Transport Impacts in Planning, Prematurity and Local Green Space Designation
Planning Law Administrative Law Judicial Review Consistency in Planning Decisions Interpretation of NPPF Paragraph 14 Interpretation of NPPF Paragraph 32 Transport Impacts in Planning Prematurity and Local Green Space Designation

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 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Bovis Homes Limited

Claimant

Miller Homes

Claimant

Secretary of State for Communities & Local Government

First Defendant

Cheltenham Borough Council

Second Defendant

Leckhampton with Warden Hill Parish Council

Third Defendant

Leckhampton Green Land Action Group Limited

Fourth Defendant

Procedural Posture

Judicial Review (planning) / Permission Application Under Section 288 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Secretary of State failed to comply with the consistency principle in planning decisions (Ground 2)
  2. 2 Whether the Secretary of State misapplied paragraph 14 of the NPPF regarding the presumption in favour of sustainable development (Ground 3)
  3. 3 Whether the Secretary of State and Inspector applied the correct test under paragraph 32 of the NPPF regarding transport impacts (Ground 1)

Ratio Decidendi

The Secretary of State's decision did not engage the consistency principle as the circumstances of the Brockworth and Bovis sites were materially different; the Secretary of State correctly treated the two limbs of NPPF paragraph 14 as alternatives and provided a freestanding balancing exercise; and both the Inspector and Secretary of State applied the correct 'severe residual cumulative impact' test under NPPF paragraph 32, with no separate or inconsistent test introduced by reference to circular 02/2013. No arguable grounds for judicial review were established.

Court Disposition

Permission to apply for judicial review refused

Orders

  • Application for permission to apply under section 288 Town and Country Planning Act 1990 is refused