Arsenal Football Club Plc v Secretary of State for Communities And Local Government & Anor

The Inspector lawfully assessed the proposal's conformity with the development plan as a whole, giving dominant weight to amenity and noise policies, and was not required to give overriding effect to economic and cultural policies; no legal error occurred.

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 / Final Judgment
Outcome: Application dismissed
Legal Topics: Development Plan Compliance, Noise Nuisance, Economic and Cultural Planning Policies, Section 38(6) Planning and Compulsory Purchase Act 2004, Section 288 Town and Country Planning Act 1990

Planning Law Administrative Law Development Plan Compliance Noise Nuisance Economic and Cultural Planning Policies Section 38(6) Planning and Compulsory Purchase Act 2004 Section 288 Town and Country Planning Act 1990

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 6

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 / Final Judgment

Legal Issues

1 Whether the Inspector erred in law by failing to assess overall conformity with the development plan under section 38(6)
2 Whether breach of specific development management policies equates to breach of the development plan as a whole
3 Weight to be given to economic and cultural policies versus amenity and noise policies

Ratio Decidendi

Court Disposition

Application dismissed