Arsenal Football Club Plc v Secretary of State for Communities And Local Government & Anor [2014] EWHC 2620 (Admin) (30 July 2014)

Arsenal Football Club Plc v Secretary of State for Communities And Local Government & Anor [2014] EWHC 2620 (Admin) (30 July 2014)

The Inspector lawfully assessed the proposal against the development plan as a whole, considered all relevant policies, resolved policy conflicts, and provided adequate reasons; there was no error of law in his approach or conclusion.

Citation
[2014] EWHC 2620 (Admin)
Parties
Claimant: Arsenal Football Club Plc; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Islington London Borough Council
Jurisdiction
England and Wales
Judgment Date
30 July 2014
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Development Plan Compliance, Planning Permission Variation, Noise Nuisance, Economic and Cultural Policy Weighting, Judicial Review Standards
Planning Law Administrative Law Local Government Law Development Plan Compliance Planning Permission Variation Noise Nuisance Economic and Cultural Policy Weighting Judicial Review Standards

Case Brief

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Parties

Arsenal Football Club Plc

Claimant

Secretary of State for Communities and Local Government

First Defendant

Islington London Borough Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by failing to assess the proposal against the development plan as a whole under section 38(6) of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether the Inspector gave appropriate weight to conflicting policies within the development plan
  3. 3 Whether the Inspector's reasoning met the required legal standard for planning decisions

Ratio Decidendi

The Inspector lawfully assessed the proposal against the development plan as a whole, considered all relevant policies, resolved policy conflicts, and provided adequate reasons; there was no error of law in his approach or conclusion.

Court Disposition

Claim dismissed

Orders

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