Horsham District Council v Secretary of State for Communities and Local Government & Anor

The inspector lawfully exercised planning judgment, properly applied paragraph 64 of the NPPF, considered all relevant material, and provided adequate reasons. No procedural unfairness occurred as the council had opportunity to present its case and did not request time to produce an alternative scheme. The application fails on both grounds.

Parties: Claimant: Horsham District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Barratt Southern Counties Limited
Jurisdiction: England and Wales
Judgment Date: 23 January 2015
Procedural Posture: Judicial Review (section 288 Application) / Final Judgment
Outcome: Application dismissed
Legal Topics: Design Standards in Planning, Sustainable Development, Procedural Fairness, Material Considerations, Interpretation of National Planning Policy Framework

Planning Law Administrative Law Design Standards in Planning Sustainable Development Procedural Fairness Material Considerations Interpretation of National Planning Policy Framework

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Parties

Horsham District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Barratt Southern Counties Limited

Second Defendant

Procedural Posture

Judicial Review (section 288 Application) / Final Judgment

Legal Issues

1 Whether the inspector's approach to the loss of views from the appeal site was unlawful under paragraph 64 of the NPPF
2 Whether the inspector's conduct of Barratt's appeal was procedurally unfair

Ratio Decidendi

Court Disposition

Application dismissed