Larkfleet Ltd v Secretary of State for Communities and Local Government & Anor

Larkfleet Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector and Secretary of State lawfully treated the absence of allocation in the emerging GAAP as a material consideration, not a bar, and properly weighed it with other factors. The approach to prematurity was consistent with national guidance, and the risk to SUE delivery was adequately assessed. The post-inquiry correspondence did not raise new material issues requiring reconsideration. The decision was not vitiated by error of law or misdirection as to policy interpretation or application.

Parties
Claimant: Larkfleet Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: South Kesteven District Council
Jurisdiction
England and Wales
Judgment Date
19 December 2012
Procedural Posture
Judicial Review (statutory Challenge Under S.288 Town and Country Planning Act 1990) / Judgment
Outcome
Application dismissed
Legal Topics
Development Plans, Prematurity in Planning Applications, Statutory Challenge Under S.288 Town and Country Planning Act 1990, Interpretation of Planning Policy, Material Considerations in Planning Decisions
Planning Law Administrative Law Development Plans Prematurity in Planning Applications Statutory Challenge Under S.288 Town and Country Planning Act 1990 Interpretation of Planning Policy Material Considerations in Planning Decisions

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Parties

Larkfleet Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

South Kesteven District Council

Second Defendant

Procedural Posture

Judicial Review (statutory Challenge Under S.288 Town and Country Planning Act 1990) / Judgment

Legal Issues

  1. 1 Whether the Inspector and Secretary of State misunderstood or misapplied the relevant development plan policies, particularly Policy SP1 of the Core Strategy.
  2. 2 Whether the refusal of planning permission on grounds of prematurity was lawful and in accordance with relevant guidance.
  3. 3 Whether the Secretary of State failed to consider material post-inquiry correspondence affecting the risk to delivery of Sustainable Urban Extensions (SUEs) and associated infrastructure.

Ratio Decidendi

The Inspector and Secretary of State lawfully treated the absence of allocation in the emerging GAAP as a material consideration, not a bar, and properly weighed it with other factors. The approach to prematurity was consistent with national guidance, and the risk to SUE delivery was adequately assessed. The post-inquiry correspondence did not raise new material issues requiring reconsideration. The decision was not vitiated by error of law or misdirection as to policy interpretation or application.

Court Disposition

Application dismissed

Orders

  • Application under section 288 of the Town and Country Planning Act 1990 is dismissed.