Goodman Logistics Developments (UK) Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 947 (Admin) (27 April 2017)

Goodman Logistics Developments (UK) Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 947 (Admin) (27 April 2017)

The Secretary of State lawfully reasoned that the need for a Strategic Rail Freight Interchange in the Green Belt does not reduce the weight of harm, correctly interpreted CP2 as requiring both the development and its location to be essential, and properly assessed openness under Green Belt policy; thus, the challenge fails on all grounds.

Citation
[2017] EWHC 947 (Admin)
Parties
Claimant: Goodman Logistics Developments (UK) Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Slough Borough Council
Jurisdiction
England and Wales
Judgment Date
27 April 2017
Procedural Posture
Judicial Review (planning Statutory Challenge) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Green Belt Policy, Strategic Gap Policy, National Policy Statement for National Networks, National Planning Policy Framework, Development Plan Interpretation, Section 288 TCPA 1990 Challenge
Planning Law Administrative Law Green Belt Policy Strategic Gap Policy National Policy Statement for National Networks National Planning Policy Framework Development Plan Interpretation Section 288 TCPA 1990 Challenge

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Parties

Goodman Logistics Developments (UK) Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Slough Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning Statutory Challenge) / Final Judgment

Legal Issues

  1. 1 Adequacy of reasons for refusal under Green Belt policy
  2. 2 Interpretation and application of Core Policy 2 (CP2) of Slough Core Strategy
  3. 3 Assessment of openness under National Planning Policy Framework

Ratio Decidendi

The Secretary of State lawfully reasoned that the need for a Strategic Rail Freight Interchange in the Green Belt does not reduce the weight of harm, correctly interpreted CP2 as requiring both the development and its location to be essential, and properly assessed openness under Green Belt policy; thus, the challenge fails on all grounds.

Court Disposition

Claim dismissed

Orders

  • No quashing of Secretary of State's decision
  • Costs to be determined separately