Robinson v Secretary of State for Communities And Local Government & Ors [2016] EWHC 634 (QB) (22 January 2016)

Robinson v Secretary of State for Communities And Local Government & Ors [2016] EWHC 634 (QB) (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 facts. The Inspector erred in law by failing to consider the weight to be given to out-of-date development plan policies, but this error was immaterial as it would not have affected the outcome.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 did not err in his treatment of the Site as a valued community facility or open space, as there were no formal arrangements for public use and the weight attached was a matter for the Inspector's judgment.

Citation
[2016] EWHC 634
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
Section 288 Town and Country Planning Act 1990 Statutory Challenge / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Housing Land Supply, Development Plan Policies, National Planning Policy Framework (nppf), Procedural Fairness, Material Considerations, Community Facilities, Open Space, Statutory Interpretation
Planning Law Administrative Law Judicial Review Housing Land Supply Development Plan Policies National Planning Policy Framework (nppf) Procedural Fairness Material Considerations +3 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

Section 288 Town and Country Planning Act 1990 Statutory Challenge / High Court Judgment

Legal Issues

  1. 1 Whether the decision was procedurally unfair due to failure to provide updated housing land supply figures
  2. 2 Whether the Inspector failed to properly apply statutory requirements regarding the development plan
  3. 3 Whether the Inspector failed to have regard to relevant policy on valued community facilities and open space 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 facts. 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 did not err in his treatment of the Site as a valued community facility or open space, as there were no formal arrangements for public use and the weight attached was a matter for the Inspector's judgment.

Court Disposition

Claim dismissed