Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government & Anor

Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government & Anor

The inspector failed to address a principal argument advanced by Bloor regarding the need for a 10% discount on large sites in the five-year housing land supply calculation. This omission was material, as the supply was marginal and the outcome could have been different had the inspector accepted the discount. The failure to address this point rendered the decision legally flawed and the decision must be quashed.

Parties
Claimant: Bloor Homes East Midlands Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Hinckley and Bosworth Borough Council
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Application allowed in part; inspector's decision quashed and appeal remitted for redetermination.
Legal Topics
Development Plans, Housing Supply, Prematurity in Planning, Sustainable Development, Judicial Review of Planning Decisions
Planning Law Administrative Law Development Plans Housing Supply Prematurity in Planning Sustainable Development Judicial Review of Planning Decisions

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 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bloor Homes East Midlands Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Hinckley and Bosworth Borough Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the inspector failed to apply or explain the application of paragraph 14 of the NPPF regarding 'absent' or 'silent' development plans
  2. 2 Whether the inspector failed to understand or give adequate reasons on the five-year housing land supply
  3. 3 Whether the inspector failed to apply or explain government policy on prematurity

Ratio Decidendi

The inspector failed to address a principal argument advanced by Bloor regarding the need for a 10% discount on large sites in the five-year housing land supply calculation. This omission was material, as the supply was marginal and the outcome could have been different had the inspector accepted the discount. The failure to address this point rendered the decision legally flawed and the decision must be quashed.

Court Disposition

Application allowed in part; inspector's decision quashed and appeal remitted for redetermination.

Orders

  • Inspector's decision quashed
  • Appeal remitted to Secretary of State for redetermination