Taylor Wimpey (South West Thames) Ltd v Secretary of State for Communities and Local Government & Anor [2011] EWHC 2090 (Admin) (25 October 2011)

Taylor Wimpey (South West Thames) Ltd v Secretary of State for Communities and Local Government & Anor [2011] EWHC 2090 (Admin) (25 October 2011)

The Inspector failed to take into account the material consideration that the approved development, already under construction, had previously been found to be justified by very special circumstances. The proposed amendments improved the scheme without additional harm. This omission was a material error affecting the outcome, rendering the Inspector's decision unlawful and requiring it to be quashed.

Citation
[2011] EWHC 2090 (Admin)
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 Under S.288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim allowed; Inspector's decision quashed
Legal Topics
Green Belt Development, Material Considerations in Planning, Section 288 TCPA Challenges, Very Special Circumstances, Planning Permissions and Amendments
Planning Law Administrative Law Public Law Green Belt Development Material Considerations in Planning Section 288 TCPA Challenges Very Special Circumstances Planning Permissions and Amendments

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 Under S.288 Town and Country Planning Act 1990 / High Court Judgment

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 the context of previous planning permissions

Ratio Decidendi

The Inspector failed to take into account the material consideration that the approved development, already under construction, had previously been found to be justified by very special circumstances. The proposed amendments improved the scheme without additional harm. This omission was a material error affecting the outcome, rendering the Inspector's decision unlawful and requiring it to be quashed.

Court Disposition

Claim allowed; Inspector's decision quashed

Orders

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