Fox Strategic Land and Property Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 444 (Admin) (02 March 2012)

Fox Strategic Land and Property Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 444 (Admin) (02 March 2012)

The harms of granting planning permission, including prejudice to the Local Development Framework process, conflict with spatial vision, and loss of Best and Most Versatile agricultural land, outweighed the benefits of alleviating the housing land supply shortage and affordable housing provision. The Secretary of State's decision to dismiss the appeal was lawful and consistent with planning policy.

Citation
[2012] EWHC 444 (Admin)
Parties
Claimant: Fox Strategic Land and Property Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Cheshire East Council
Jurisdiction
England and Wales
Judgment Date
02 March 2012
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Appeal dismissed; planning permission refused
Legal Topics
Housing Land Supply, Development Plan, Prematurity, Localism, Affordable Housing, Best and Most Versatile Agricultural Land, Spatial Vision, Brownfield Vs Greenfield Development
Administrative Law Planning Law Housing Land Supply Development Plan Prematurity Localism Affordable Housing Best and Most Versatile Agricultural Land +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Fox Strategic Land and Property Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Cheshire East Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State's decision to dismiss the appeal for residential development was lawful
  2. 2 Whether the absence of a five-year housing land supply required favourable consideration of the application
  3. 3 Whether the development would prejudice the Local Development Framework process

Ratio Decidendi

The harms of granting planning permission, including prejudice to the Local Development Framework process, conflict with spatial vision, and loss of Best and Most Versatile agricultural land, outweighed the benefits of alleviating the housing land supply shortage and affordable housing provision. The Secretary of State's decision to dismiss the appeal was lawful and consistent with planning policy.

Court Disposition

Appeal dismissed; planning permission refused

Orders

  • The Secretary of State's decision letter of 29 September 2011 stands; outline planning permission for up to 280 dwellings, landscaping, open space, highway and associated works is refused.