Shropshire Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2733 (Admin) (02 November 2016)

Shropshire Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2733 (Admin) (02 November 2016)

The Inspector erred in law by failing to make a judgment on Shropshire Council's current FOAN or housing requirements and its housing supply, as required by NPPF 47, 49, and 14, based on the evidence before him. He was required to do the best he could with available material, and if unable to do so, to provide adequate reasons. The failure to make these judgments was a critical flaw in the decision-making process, warranting quashing of the planning permission.

Citation
[2016] EWHC 2733 (Admin)
Parties
Claimant: Shropshire Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: BDW Trading Limited trading as David Wilson Homes (Mercia); Interested Party: Magnus Charles Mowat; Interested Party: Martin John Mowat
Jurisdiction
England and Wales
Judgment Date
02 November 2016
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claimant's application to quash granted
Legal Topics
Housing Land Supply, National Planning Policy Framework (nppf), Objectively Assessed Housing Need (foan), Planning Appeals, Development Plan Policies, Inspector's Duties, Adequacy of Reasons
Planning Law Administrative Law Judicial Review Housing Land Supply National Planning Policy Framework (nppf) Objectively Assessed Housing Need (foan) Planning Appeals Development Plan Policies +2 more

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Parties

Shropshire Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

BDW Trading Limited trading as David Wilson Homes (Mercia)

Second Defendant

Magnus Charles Mowat

Interested Party

Martin John Mowat

Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the Inspector erred in law by failing to make a judgment on the full objectively assessed needs (FOAN) and housing supply for Shropshire Council under NPPF 47 and 49
  2. 2 Whether the Inspector failed to engage with available evidence and provide adequate reasons for his conclusions
  3. 3 Whether the Inspector's approach to the balancing exercise under NPPF 14 was legally flawed

Ratio Decidendi

The Inspector erred in law by failing to make a judgment on Shropshire Council's current FOAN or housing requirements and its housing supply, as required by NPPF 47, 49, and 14, based on the evidence before him. He was required to do the best he could with available material, and if unable to do so, to provide adequate reasons. The failure to make these judgments was a critical flaw in the decision-making process, warranting quashing of the planning permission.

Court Disposition

Claimant's application to quash granted

Orders

  • The decision of the Secretary of State (by the Inspector) dated 16 May 2016 is quashed.