Hallam Land Management Ltd v Secretary of State for Communities and Local Government & Anor

The Secretary of State was not required to determine a precise five-year housing land supply figure where both parties agreed there was a shortfall; adequate reasons were given; no material inconsistency or failure to consider relevant information occurred; and the weighting of Policy 3.CO was rational and within discretion.

Parties: Claimant: Hallam Land Management Ltd; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Eastleigh Borough Council
Jurisdiction: England and Wales
Judgment Date: 16 November 2017
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Five Year Housing Land Supply, National Planning Policy Framework, Consistency in Decision Making, Weight of Planning Policies

Administrative Law Planning Law Five Year Housing Land Supply National Planning Policy Framework Consistency in Decision Making Weight of Planning Policies

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Parties

Hallam Land Management Ltd

Claimant

Secretary of State for Communities and Local Government

First Defendant

Eastleigh Borough Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Secretary of State was required to determine the five-year housing land supply position for Eastleigh at the time of the Hamble decision letter
2 Whether adequate reasons were given for not determining the five-year housing land supply
3 Whether the Secretary of State failed to have regard to material considerations or reached inconsistent decisions regarding housing land supply

Ratio Decidendi

Court Disposition

Claim dismissed