Gladman Development Ltd v Secretary of State of Housing Communities And Local Government & Anor

Gladman Development Ltd v Secretary of State of Housing Communities And Local Government & Anor

The Inspector's failure to reach a conclusion on the five-year housing land supply position and to assess the extent of any shortfall was a legal error, as it left out of account material considerations necessary for the proper application of the planning balance under the NPPF. This was not an exceptional case where such a conclusion could not be reached or was unnecessary.

Parties
Claimant: Gladman Development Ltd.; First Defendant: Secretary of State of Housing Communities and Local Government; Second Defendant: Sedgemoor District Council
Jurisdiction
England and Wales
Judgment Date
29 January 2019
Procedural Posture
Judicial Review (section 288 TCPA 1990) / High Court Judgment
Outcome
Claim allowed; Inspector's decision quashed and remitted for redetermination.
Legal Topics
Five Year Housing Land Supply, National Planning Policy Framework (nppf), Judicial Review of Planning Decisions, Material Considerations in Planning, Interpretation of Planning Policy
Planning Law Administrative Law Five Year Housing Land Supply National Planning Policy Framework (nppf) Judicial Review of Planning Decisions Material Considerations in Planning Interpretation of Planning Policy

Case Brief

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Parties

Gladman Development Ltd.

Claimant

Secretary of State of Housing Communities and Local Government

First Defendant

Sedgemoor District Council

Second Defendant

Procedural Posture

Judicial Review (section 288 TCPA 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by failing to reach a conclusion on the five-year housing land supply position
  2. 2 Whether the Inspector misapplied national planning policy regarding the calculation and weight of housing land supply shortfall

Ratio Decidendi

The Inspector's failure to reach a conclusion on the five-year housing land supply position and to assess the extent of any shortfall was a legal error, as it left out of account material considerations necessary for the proper application of the planning balance under the NPPF. This was not an exceptional case where such a conclusion could not be reached or was unnecessary.

Court Disposition

Claim allowed; Inspector's decision quashed and remitted for redetermination.

Orders

  • The decision of the Inspector dated 18 July 2018 is quashed.
  • The matter is remitted for redetermination.