West Berkshire District Council v Secretary of State for Communities And Local Government & Anor [2016] EWHC 267 (Admin) (16 February 2016)

West Berkshire District Council v Secretary of State for Communities And Local Government & Anor [2016] EWHC 267 (Admin) (16 February 2016)

The Inspector was entitled to depart from the Core Strategy housing requirement figure due to its lack of up-to-date evidence and the availability of significant new evidence, lawfully identified an appropriate housing need figure for the purposes of the appeal, applied the correct planning tests and gave adequate reasons for his decision. The challenge fails on all grounds.

Citation
[2016] EWHC 267 (Admin)
Parties
Claimant: West Berkshire District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: HDD Burghfield Common Ltd
Jurisdiction
England and Wales
Judgment Date
16 February 2016
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Housing Land Supply, Development Plan Policies, National Planning Policy Framework (nppf), Objectively Assessed Need (oan), Judicial Review of Planning Decisions, Weight of Emerging Development Plan Documents
Planning Law Administrative Law Local Government Law Housing Land Supply Development Plan Policies National Planning Policy Framework (nppf) Objectively Assessed Need (oan) Judicial Review of Planning Decisions +1 more

Case Brief

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Parties

West Berkshire District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

HDD Burghfield Common Ltd

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Inspector was entitled to treat the Core Strategy housing policies as out of date
  2. 2 Whether the Inspector lawfully identified the housing need figure as 833 dwellings per year
  3. 3 Whether the Inspector failed to apply the correct planning tests and weight to policies

Ratio Decidendi

The Inspector was entitled to depart from the Core Strategy housing requirement figure due to its lack of up-to-date evidence and the availability of significant new evidence, lawfully identified an appropriate housing need figure for the purposes of the appeal, applied the correct planning tests and gave adequate reasons for his decision. The challenge fails on all grounds.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.