South Gloucestershire Council v Secretary of State for Communities and Local Government [2014] EWHC 4555 (Admin) (25 November 2014)

South Gloucestershire Council v Secretary of State for Communities and Local Government [2014] EWHC 4555 (Admin) (25 November 2014)

The Appeal Inspector erred in law by failing to take into account the Core Strategy Inspector's views on housing land supply, did not provide adequate reasons for departing from those views, and misunderstood National Planning Policy Guidance by conflating housing requirement and supply. These errors were material...

Source-derived case information.

Citation
[2014] EWHC 4555 (Admin)
Parties
Claimant: South Gloucestershire Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: AZ
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Judicial Review (section 288 Application) / Final Judgment
Outcome
Application granted; decision quashed
Legal Topics
Housing Land Supply, Development Plan, Green Belt, Planning Appeals, Core Strategy, National Planning Policy Guidance, Reasons Challenge
Planning Law Administrative Law Housing Land Supply Development Plan Green Belt Planning Appeals Core Strategy National Planning Policy Guidance +1 more

Source-derived case record

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 15 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

South Gloucestershire Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

AZ

Second Defendant

Procedural Posture

Judicial Review (section 288 Application) / Final Judgment

Legal Issues

  1. 1 Whether the Appeal Inspector erred in law by failing to take into account the Core Strategy Inspector's views on housing land supply
  2. 2 Whether the Appeal Inspector failed to give adequate reasons for departing from the Core Strategy Inspector's approach
  3. 3 Whether the Appeal Inspector misunderstood and misapplied National Planning Policy Guidance

Ratio Decidendi

The Appeal Inspector erred in law by failing to take into account the Core Strategy Inspector's views on housing land supply, did not provide adequate reasons for departing from those views, and misunderstood National Planning Policy Guidance by conflating housing requirement and supply. These errors were material and required the decision to be quashed.

Court Disposition

Application granted; decision quashed

Orders

  • The decision of 1 July 2014 is quashed
  • Matter remitted to another Inspector for reconsideration on the merits