Oadby And Wigston Borough Council v Secretary of State for Communities And Local Government & Anor [2015] EWHC 1879 (Admin) (03 July 2015)

Oadby And Wigston Borough Council v Secretary of State for Communities And Local Government & Anor [2015] EWHC 1879 (Admin) (03 July 2015)

The Inspector was entitled, as a matter of planning judgment, to adopt 147 dwellings per annum as the full objectively assessed need for housing (FOAN) for the purposes of assessing whether the Council could demonstrate a five-year housing land supply. The Inspector did not err in law, irrationally adopt a flawed scenario, or fail to give adequate reasons. The claim is dismissed.

Citation
[2015] EWHC 1879 (Admin)
Parties
Claimant: Oadby and Wigston Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Bloor Homes Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2015
Procedural Posture
Judicial Review (statutory Application Under Section 288 of the Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Housing Land Supply, Objective Assessment of Housing Need (foan), Affordable Housing, Development Plan Policies, National Planning Policy Framework (nppf), Judicial Review of Planning Decisions
Planning Law Administrative Law Local Government Law Housing Land Supply Objective Assessment of Housing Need (foan) Affordable Housing Development Plan Policies National Planning Policy Framework (nppf) +1 more

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Parties

Oadby and Wigston Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Bloor Homes Limited

Second Defendant

Procedural Posture

Judicial Review (statutory Application Under Section 288 of the Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in his assessment of the full objectively assessed need for housing (FOAN) for Oadby & Wigston Borough Council for the purposes of demonstrating a five-year housing land supply
  2. 2 Whether the Inspector failed to have regard to material evidence or gave inadequate reasons for his decision
  3. 3 Whether the Inspector misconstrued the requirements of the NPPF regarding FOAN and affordable housing

Ratio Decidendi

The Inspector was entitled, as a matter of planning judgment, to adopt 147 dwellings per annum as the full objectively assessed need for housing (FOAN) for the purposes of assessing whether the Council could demonstrate a five-year housing land supply. The Inspector did not err in law, irrationally adopt a flawed scenario, or fail to give adequate reasons. The claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Inspector's decision is refused