Robinson v Secretary of State for Communities and Local Government & Anor [2016] EWHC 634 (Admin) (22 January 2016)

Robinson v Secretary of State for Communities and Local Government & Anor [2016] EWHC 634 (Admin) (22 January 2016)

The Inspector's failure to consider the updated housing land supply figures did not amount to procedural unfairness because the new figures were not uncontentious or objectively verifiable, and there was no regulatory duty to update. The Inspector erred in law by failing to consider the weight to be given to out-of-date development plan policies, but this error was immaterial as it would not have affected the outcome. The Inspector gave adequate consideration to the site's community value, and there was no requirement to apply NPPF paragraph 74 in the absence of formal public access or use.

Citation
[2016] EWHC 634 (Admin)
Parties
Claimant: Barbara Robinson; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Suffolk Coastal District Council; Interested Party: Withers Trust Corporation Limited
Jurisdiction
England and Wales
Judgment Date
22 January 2016
Procedural Posture
Planning Statutory Challenge (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Housing Land Supply, Development Plan Interpretation, National Planning Policy Framework (nppf), Procedural Fairness, Community Facilities, Open Space Policy
Administrative Law Planning Law Judicial Review Housing Land Supply Development Plan Interpretation National Planning Policy Framework (nppf) Procedural Fairness Community Facilities +1 more

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Parties

Barbara Robinson

Claimant

Secretary of State for Communities and Local Government

First Defendant

Suffolk Coastal District Council

Second Defendant

Withers Trust Corporation Limited

Interested Party

Procedural Posture

Planning Statutory Challenge (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector's decision was procedurally unfair due to failure to provide updated housing land supply figures
  2. 2 Whether the Inspector misapplied the statutory development plan and failed to give proper weight to out-of-date policies
  3. 3 Whether the Inspector failed to have proper regard to the site's value as a community facility under the NPPF

Ratio Decidendi

The Inspector's failure to consider the updated housing land supply figures did not amount to procedural unfairness because the new figures were not uncontentious or objectively verifiable, and there was no regulatory duty to update. The Inspector erred in law by failing to consider the weight to be given to out-of-date development plan policies, but this error was immaterial as it would not have affected the outcome. The Inspector gave adequate consideration to the site's community value, and there was no requirement to apply NPPF paragraph 74 in the absence of formal public access or use.

Court Disposition

Claim dismissed