Taylor Wimpey (South West Thames) Ltd v Secretary of State for Communities and Local Government & Anor

Taylor Wimpey (South West Thames) Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector failed to take into account the material consideration that the approved development, which was being amended, had already been found to be justified by very special circumstances. The proposed amendments were beneficial and did not increase harm. This omission was a material error that would, or would probably, have led to a different outcome. The decision must be quashed.

Parties
Claimant: Taylor Wimpey (South West Thames) Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Elmbridge Borough Council
Jurisdiction
England and Wales
Judgment Date
25 October 2011
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Inspector's Decision Under S.288 TCPA
Outcome
Application allowed; Inspector's decision quashed
Legal Topics
Green Belt Development, Material Considerations in Planning, Section 288 TCPA Challenges, Very Special Circumstances, Procedural Fairness
Planning Law Administrative Law Green Belt Development Material Considerations in Planning Section 288 TCPA Challenges Very Special Circumstances Procedural Fairness

Case Brief

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Parties

Taylor Wimpey (South West Thames) Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Elmbridge Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Inspector's Decision Under S.288 TCPA

Legal Issues

  1. 1 Whether the Planning Inspector failed to take into account a material consideration in dismissing the appeal
  2. 2 Whether the Inspector provided adequate and intelligible reasons for the decision
  3. 3 Whether the Inspector's decision was irrational in light of the planning history and previous findings of very special circumstances

Ratio Decidendi

The Inspector failed to take into account the material consideration that the approved development, which was being amended, had already been found to be justified by very special circumstances. The proposed amendments were beneficial and did not increase harm. This omission was a material error that would, or would probably, have led to a different outcome. The decision must be quashed.

Court Disposition

Application allowed; Inspector's decision quashed

Orders

  • The decision of the Planning Inspector dated 7 July 2010 is quashed.