BDW Trading Ltd (t/as David Wilson Homes (Central, Mercia and West Midlands)) v The Secretary of State for Communities and Local Government & Anor [2015] EWHC 886 (Admin) (01 April 2015)

BDW Trading Ltd (t/as David Wilson Homes (Central, Mercia and West Midlands)) v The Secretary of State for Communities and Local Government & Anor [2015] EWHC 886 (Admin) (01 April 2015)

The Inspector erred in law by failing to determine whether, despite conflict with Policy SP7(l), the proposal accorded with the Stafford Plan as a whole, and thus failed to apply the correct statutory test under section 38(6). The error was material and the decision must be quashed.

Citation
[2015] EWHC 886 (Admin)
Parties
Claimant: BDW Trading Limited (trading as David Wilson Homes (Central, Mercia and West Midlands)); First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: Stafford Borough Council
Jurisdiction
England and Wales
Judgment Date
01 April 2015
Procedural Posture
Planning Statutory Appeal (section 288, Town and Country Planning Act 1990) / High Court Judicial Review of Inspector's Decision
Outcome
Application allowed; Inspector's decision quashed
Legal Topics
Development Plan Compliance, Material Considerations, Statutory Interpretation, Planning Policy, Judicial Review Grounds, Reasons for Decision, Planning Conditions
Planning Law Administrative Law Development Plan Compliance Material Considerations Statutory Interpretation Planning Policy Judicial Review Grounds Reasons for Decision +1 more

Case Brief

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Parties

BDW Trading Limited (trading as David Wilson Homes (Central, Mercia and West Midlands))

Claimant

The Secretary of State for Communities and Local Government

First Defendant

Stafford Borough Council

Second Defendant

Procedural Posture

Planning Statutory Appeal (section 288, Town and Country Planning Act 1990) / High Court Judicial Review of Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector failed to determine if the proposal accorded with the development plan as a whole
  2. 2 Whether the Inspector misapplied the presumption in favour of sustainable development under the NPPF
  3. 3 Whether the Inspector gave adequate reasons for finding material harm to residential amenity

Ratio Decidendi

The Inspector erred in law by failing to determine whether, despite conflict with Policy SP7(l), the proposal accorded with the Stafford Plan as a whole, and thus failed to apply the correct statutory test under section 38(6). The error was material and the decision must be quashed.

Court Disposition

Application allowed; Inspector's decision quashed

Orders

  • The Inspector's decision of 24 October 2014 is quashed