Jewson Holdings Ltd., R (on the application of) v Vale of the White Horse District Council [2003] EWHC 730 (Admin) (21 March 2003)

Jewson Holdings Ltd., R (on the application of) v Vale of the White Horse District Council [2003] EWHC 730 (Admin) (21 March 2003)

The inspector was entitled to conclude that the case for enabling development had not been made out due to lack of full market testing and insufficient evidence of alternative development strategies; the reasoning was adequate and in accordance with applicable legal principles and policy guidance.

Citation
[2003] EWHC 730 (Admin)
Parties
Claimant: Jewson Holdings Limited; 1st Defendant: The First Secretary of State and the Deputy Prime Minister; 2nd Defendant: The Vale of the White Horse District Council
Jurisdiction
England and Wales
Judgment Date
21 March 2003
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Enabling Development, Green Belt Policy, Listed Buildings, Planning Permission, Material Considerations, Duty to Give Reasons
Administrative Law Planning Law Enabling Development Green Belt Policy Listed Buildings Planning Permission Material Considerations Duty to Give Reasons

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Parties

Jewson Holdings Limited

Claimant

The First Secretary of State and the Deputy Prime Minister

1st Defendant

The Vale of the White Horse District Council

2nd Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the inspector failed to take into account material considerations (English Heritage policy guidance)
  2. 2 Whether the inspector failed to give proper, adequate and intelligible reasons for his finding on minimum necessary development

Ratio Decidendi

The inspector was entitled to conclude that the case for enabling development had not been made out due to lack of full market testing and insufficient evidence of alternative development strategies; the reasoning was adequate and in accordance with applicable legal principles and policy guidance.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay defendant's costs
  • Summary assessment of costs in the sum of £4,663.50