Robinson v Secretary of State for Communities and Local Government & Anor

Robinson v Secretary of State for Communities and Local Government & Anor

The claim fails because the new housing land supply document was not reliable or uncontentious, so no procedural unfairness arose; the Inspector's legal error in weighing out-of-date policies did not affect the outcome; and the Site's value as a community facility did not require greater weight or consideration under the NPPF given the absence of formal arrangements for public access or use.

Parties
Claimant: Barbara Robinson; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Suffolk Coastal District Council; Interested Party: Withers Trust Corporation Limited
Jurisdiction
England and Wales
Judgment Date
22 January 2016
Procedural Posture
Judicial Review (section 288 Application) / Final Judgment and Post Judgment Applications
Outcome
Claim dismissed; permission to appeal refused.
Legal Topics
Housing Land Supply, Development Plan, National Planning Policy Framework, Community Facilities, Open Space, Judicial Review, Procedural Fairness
Planning Law Administrative Law Housing Land Supply Development Plan National Planning Policy Framework Community Facilities Open Space Judicial Review +1 more

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Parties

Barbara Robinson

Claimant

Secretary of State for Communities and Local Government

First Defendant

Suffolk Coastal District Council

Second Defendant

Withers Trust Corporation Limited

Interested Party

Procedural Posture

Judicial Review (section 288 Application) / Final Judgment and Post Judgment Applications

Legal Issues

  1. 1 Whether the local planning authority was under a duty to provide updated housing land supply figures to the Inspector
  2. 2 Whether the Inspector breached statutory duties under section 38(6) of the Compulsory Purchase Act 2014 and section 70(2) of the Town and Country Planning Act 1990 regarding the development plan
  3. 3 Whether the Inspector unlawfully failed to have regard to relevant policy as to the value of the Site as a valued community facility under the NPPF

Ratio Decidendi

The claim fails because the new housing land supply document was not reliable or uncontentious, so no procedural unfairness arose; the Inspector's legal error in weighing out-of-date policies did not affect the outcome; and the Site's value as a community facility did not require greater weight or consideration under the NPPF given the absence of formal arrangements for public access or use.

Court Disposition

Claim dismissed; permission to appeal refused.

Orders

  • First Defendant awarded costs capped at £10,000 following summary assessment.
  • Time for appeal extended to run from date of approved judgment.