McCarthy & Stone Developments Ltd, R (on the application of) v Wirral Borough Council Legal Department

McCarthy & Stone Developments Ltd, R (on the application of) v Wirral Borough Council Legal Department

The Inspector failed to have regard to or properly interpret the relevant development plan policy, specifically RPG13 paragraph 3.18, and instead applied an unduly restrictive standard not found in the policy. This amounted to a misdirection in law, justifying quashing the decision.

Parties
Claimant: McCarthy and Stone Developments Limited; 1st Defendant: First Secretary of State; 2nd Defendant: Wirral Borough Council Legal Department
Jurisdiction
England and Wales
Judgment Date
20 February 2006
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Appeal Decision
Outcome
Application allowed; Inspector's decision quashed
Legal Topics
Development Plan Interpretation, Planning Appeals, Adequacy of Reasons, Judicial Review of Administrative Decisions
Planning Law Administrative Law Development Plan Interpretation Planning Appeals Adequacy of Reasons Judicial Review of Administrative Decisions

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Parties

McCarthy and Stone Developments Limited

Claimant

First Secretary of State

1st Defendant

Wirral Borough Council Legal Department

2nd Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Appeal Decision

Legal Issues

  1. 1 Whether the Inspector misinterpreted or disregarded relevant development plan policies, specifically RPG13 policy SD3 and paragraph 3.18
  2. 2 Whether the Inspector gave adequate reasons for his conclusions on local housing need
  3. 3 Whether the Inspector erred in law by stating that housing needs should be determined only through the development plan process

Ratio Decidendi

The Inspector failed to have regard to or properly interpret the relevant development plan policy, specifically RPG13 paragraph 3.18, and instead applied an unduly restrictive standard not found in the policy. This amounted to a misdirection in law, justifying quashing the decision.

Court Disposition

Application allowed; Inspector's decision quashed

Orders

  • Inspector's decision letter quashed
  • First Secretary of State to pay claimant's costs in the sum of £15,000 inclusive of VAT