West Berkshire District Council v Secretary of State for Communities And Local Government & Anor

West Berkshire District Council v Secretary of State for Communities And Local Government & Anor

The Inspector was entitled to depart from the Core Strategy housing requirement figure due to significant new evidence and the absence of an up-to-date SHMA, was entitled to rely on the evidence before him for the purposes of the appeal, and gave adequate reasons for his decision. The claim is dismissed.

Parties
Claimant: West Berkshire District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: HDD Burghfield Common Ltd
Jurisdiction
England and Wales
Judgment Date
16 February 2016
Procedural Posture
Judicial Review/statutory Appeal / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Development Plan, Housing Land Supply, National Planning Policy Framework, Judicial Review, Statutory Appeal, Material Considerations, Emerging Plans, Sustainable Development
Planning Law Administrative Law Development Plan Housing Land Supply National Planning Policy Framework Judicial Review Statutory Appeal Material Considerations +2 more

Case Brief

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Parties

West Berkshire District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

HDD Burghfield Common Ltd

Second Defendant

Procedural Posture

Judicial Review/statutory Appeal / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in treating the Core Strategy housing policies as out of date
  2. 2 Whether the Inspector was wrong to identify the housing need figure as 833 dwellings per year and treat it as an absolute requirement
  3. 3 Whether the Inspector failed to apply the correct planning tests and weight to policies and emerging plans

Ratio Decidendi

The Inspector was entitled to depart from the Core Strategy housing requirement figure due to significant new evidence and the absence of an up-to-date SHMA, was entitled to rely on the evidence before him for the purposes of the appeal, and gave adequate reasons for his decision. The claim is dismissed.

Court Disposition

Claim dismissed