Performance Retail Ltd Partnership v Eastbourne Borough Council & Anor

Performance Retail Ltd Partnership v Eastbourne Borough Council & Anor

The inspector lawfully exercised her powers under s 20(7C) to recommend modifications necessary for soundness, the Sustainability Appraisal requirements were met through accessible documents, consultation was adequate, and the Council lawfully adopted the Core Strategy as modified. The inspector's planning judgment was rational and not shown to be unlawful or irrational.

Parties
Claimant: Performance Retail Limited Partnership; First Defendant: Eastbourne Borough Council; Second Defendant: Secretary of State for Community and Local Government; Interested Party: The Prudential Assurance Company Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2014
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Development Plan Documents, Sustainability Appraisal, Consultation Requirements, Statutory Interpretation
Planning Law Administrative Law Development Plan Documents Sustainability Appraisal Consultation Requirements Statutory Interpretation

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Parties

Performance Retail Limited Partnership

Claimant

Eastbourne Borough Council

First Defendant

Secretary of State for Community and Local Government

Second Defendant

The Prudential Assurance Company Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the inspector exceeded her powers under s 20(7C) of the Planning and Compulsory Purchase Act 2004 by recommending modifications not envisaged by the Council
  2. 2 Whether the Core Strategy as adopted was subject to a lawful and adequate Sustainability Appraisal
  3. 3 Whether the Council failed in its duty to consult the claimant on the Main Modifications

Ratio Decidendi

The inspector lawfully exercised her powers under s 20(7C) to recommend modifications necessary for soundness, the Sustainability Appraisal requirements were met through accessible documents, consultation was adequate, and the Council lawfully adopted the Core Strategy as modified. The inspector's planning judgment was rational and not shown to be unlawful or irrational.

Court Disposition

Claim dismissed