Trafford Metropolitan Borough Council v Secretary of State for Housing, Communities and Local Government & Anor

Trafford Metropolitan Borough Council v Secretary of State for Housing, Communities and Local Government & Anor

The Inspector erred in law by failing to properly understand and apply the development plan policies requiring proportionate contributions to infrastructure for the allocation as a whole, and by omitting consideration of whether a contribution should be required absent a Masterplan. This legal error vitiated the decision, warranting its quashing.

Parties
Claimant: Trafford Metropolitan Borough Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Peel NRE Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2026
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed; claim for statutory review succeeds on Grounds 1, 2, 3 and 6; Grounds 4 and 5 fail.
Legal Topics
Development Plan Interpretation, Planning Obligations, Infrastructure Contributions, Statutory Review, Masterplan Requirements
Planning Law Administrative Law Development Plan Interpretation Planning Obligations Infrastructure Contributions Statutory Review Masterplan Requirements

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Parties

Trafford Metropolitan Borough Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Peel NRE Limited

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector misunderstood and misapplied development plan policies in PfE absent a Masterplan for New Carrington
  2. 2 Whether the Inspector erred by applying national policy tests for highways impacts instead of allocation-wide policy requirements
  3. 3 Whether the Inspector failed to address the consequences of permitting development without proportionate infrastructure contributions

Ratio Decidendi

The Inspector erred in law by failing to properly understand and apply the development plan policies requiring proportionate contributions to infrastructure for the allocation as a whole, and by omitting consideration of whether a contribution should be required absent a Masterplan. This legal error vitiated the decision, warranting its quashing.

Court Disposition

Decision quashed; claim for statutory review succeeds on Grounds 1, 2, 3 and 6; Grounds 4 and 5 fail.

Orders

  • The Inspector's decision letter is quashed.
  • Statutory review granted in favour of the Claimant.