Wood v Secretary of State for Communities and Local Government [2015] EWCA Civ 195 (09 February 2015)

Wood v Secretary of State for Communities and Local Government [2015] EWCA Civ 195 (09 February 2015)

The inspector misdirected himself by treating the defined village boundary in the Local Plan as determinative for the purpose of 'limited infilling in villages' under NPPF paragraph 89, rather than making a planning judgment based on the position on the ground. This error requires the inspector's decision to be quashed.

Citation
[2015] EWCA Civ 195
Parties
Claimant/appellant: Julian Wood; First Defendant: The Secretary of State for Communities and Local Government; Second Defendant/respondent: Gravesham Borough Council
Jurisdiction
England and Wales
Judgment Date
09 February 2015
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed; inspector's decision quashed.
Legal Topics
Green Belt Policy, National Planning Policy Framework, Limited Infilling in Villages, Local Plan Interpretation
Planning Law Administrative Law Green Belt Policy National Planning Policy Framework Limited Infilling in Villages Local Plan Interpretation

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Parties

Julian Wood

Claimant/appellant

The Secretary of State for Communities and Local Government

First Defendant

Gravesham Borough Council

Second Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Did the inspector misdirect himself by treating the Local Plan boundary as determinative for 'limited infilling in villages' under NPPF paragraph 89?
  2. 2 Should the inspector's decision be quashed for failure to properly consider housing land supply shortfall?

Ratio Decidendi

The inspector misdirected himself by treating the defined village boundary in the Local Plan as determinative for the purpose of 'limited infilling in villages' under NPPF paragraph 89, rather than making a planning judgment based on the position on the ground. This error requires the inspector's decision to be quashed.

Court Disposition

Appeal allowed; inspector's decision quashed.

Orders

  • Paragraph 4 of Judge Mackie's order set aside.
  • Second respondent to pay appellant's costs from 30 January 2014, subject to detailed assessment if not agreed.