Henry Boot Homes Ltd v Secretary Of State For Environment, Transport & Regions & Anor [2001] EWHC Admin 942 (21st November, 2001)

Henry Boot Homes Ltd v Secretary Of State For Environment, Transport & Regions & Anor [2001] EWHC Admin 942 (21st November, 2001)

The inspector correctly identified and applied the relevant planning policies, including E5, and was entitled to conclude that the site should be retained for employment use. The inspector was not required to address every minor point or to apply the test from Westminster City Council v BWB, as the case concerned the application of structure plan policy rather than a contest between two competing uses. The inspector's reasoning was adequate and the decision was lawful.

Citation
[2001] EWHC Admin 942
Parties
Claimant: Henry Boot Homes Ltd; First Defendant: The Secretary of State for the Environment, Transport and the Regions; Second Defendant: Cotswold District Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Development Plan Interpretation, Employment Land Safeguarding, Affordable Housing Requirements, Planning Inspector's Reasoning, Viability of Employment Land, Local Plan Review Process
Planning Law Administrative Law Development Plan Interpretation Employment Land Safeguarding Affordable Housing Requirements Planning Inspector's Reasoning Viability of Employment Land Local Plan Review Process

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Parties

Henry Boot Homes Ltd

Claimant

The Secretary of State for the Environment, Transport and the Regions

First Defendant

Cotswold District 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 planning inspector failed to determine the consequences of employment policy E5
  2. 2 Whether the inspector gave proper and adequate reasons for her decision regarding employment land supply
  3. 3 Whether the inspector misunderstood the implications of delay pending a Local Plan review

Ratio Decidendi

The inspector correctly identified and applied the relevant planning policies, including E5, and was entitled to conclude that the site should be retained for employment use. The inspector was not required to address every minor point or to apply the test from Westminster City Council v BWB, as the case concerned the application of structure plan policy rather than a contest between two competing uses. The inspector's reasoning was adequate and the decision was lawful.

Court Disposition

Application dismissed

Orders

  • Claimant to pay First Defendant's costs assessed at £4,632.75