Gallagher Properties Ltd v Secretary of State for Communities And Local Government [2016] EWHC 674 (Admin) (14 January 2016)

Gallagher Properties Ltd v Secretary of State for Communities And Local Government [2016] EWHC 674 (Admin) (14 January 2016)

The inspector lawfully applied the relevant planning policies, gave adequate reasons, and rationally concluded that the environmental and heritage harm outweighed the economic benefits; any alleged failure regarding the status or weight of ENV28 was immaterial as the decision would have been the same under the NPPF alone.

Citation
[2016] EWHC 674 (Admin)
Parties
Claimant: Gallagher Properties Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Maidstone Borough Council
Jurisdiction
England and Wales
Judgment Date
14 January 2016
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Development Plans, Material Considerations, National Planning Policy Framework (nppf), Greenfield Development, Heritage Assets, Environmental Impact, Weight of Planning Policies, Expert Evidence in Planning, Costs in Judicial Review
Planning Law Administrative Law Judicial Review Development Plans Material Considerations National Planning Policy Framework (nppf) Greenfield Development Heritage Assets +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gallagher Properties Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Maidstone Borough Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the inspector erred in law by failing to determine if policy ENV28 was out of date and what weight to attach to it
  2. 2 Whether the inspector failed to properly consider and give reasons regarding the economic need for the development
  3. 3 Whether the inspector irrationally preferred non-expert evidence over expert evidence regarding environmental impact

Ratio Decidendi

The inspector lawfully applied the relevant planning policies, gave adequate reasons, and rationally concluded that the environmental and heritage harm outweighed the economic benefits; any alleged failure regarding the status or weight of ENV28 was immaterial as the decision would have been the same under the NPPF alone.

Court Disposition

Application dismissed

Orders

  • Claimant to pay Secretary of State's costs in the sum of £9,290
  • No order as to costs in favour of Maidstone Borough Council