Fox Strategic Land and Property Ltd v Secretary of State for Communities and Local Government & Anor

Fox Strategic Land and Property Ltd v Secretary of State for Communities and Local Government & Anor

The Secretary of State's decision was quashed because he failed to provide adequate reasons for departing from the materially similar Richborough decision, contrary to the principle of consistency in planning decisions, and misapplied national policy on best and most versatile agricultural land. The Secretary of State's approach to the Richborough decision was unlawful as he failed to address or explain the inconsistency between the two decisions. The decision letter also misstated the policy test for agricultural land, amounting to a further error of law.

Parties
Claimant: Fox Strategic Land and Property Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Cheshire East Council
Jurisdiction
England and Wales
Judgment Date
02 March 2012
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Decision
Outcome
Claim allowed; decision letter quashed
Legal Topics
Development Plan, Prematurity, Consistency in Decision Making, Interpretation of Planning Policy, Housing Land Supply, Best and Most Versatile Agricultural Land, Localism, Precedent in Planning Decisions
Planning Law Administrative Law Development Plan Prematurity Consistency in Decision Making Interpretation of Planning Policy Housing Land Supply Best and Most Versatile Agricultural Land +2 more

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Parties

Fox Strategic Land and Property Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Cheshire East Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Secretary of State erred in law by failing to provide adequate reasons for departing from a previous materially similar planning decision (Richborough)
  2. 2 Whether the Secretary of State misapplied national policy on best and most versatile agricultural land (PPS7)
  3. 3 Whether the Secretary of State misapplied or misunderstood the policy in PPS3 regarding housing land supply and prematurity

Ratio Decidendi

The Secretary of State's decision was quashed because he failed to provide adequate reasons for departing from the materially similar Richborough decision, contrary to the principle of consistency in planning decisions, and misapplied national policy on best and most versatile agricultural land. The Secretary of State's approach to the Richborough decision was unlawful as he failed to address or explain the inconsistency between the two decisions. The decision letter also misstated the policy test for agricultural land, amounting to a further error of law.

Court Disposition

Claim allowed; decision letter quashed

Orders

  • The Decision Letter of the First Defendant dated 29 September 2011 is quashed.
  • The First Defendant to pay the Claimant's costs as agreed in the sum of £22,000.00.