Robinson v Secretary of State for Communities And Local Government & Ors

Robinson v Secretary of State for Communities And Local Government & Ors

The claim fails because the local planning authority was not under a legal duty to update the Inspector with revised housing land supply figures; the Inspector's legal error in weighing out-of-date development plan policies did not affect the outcome; and the Site did not qualify as a valued community facility or open space under the relevant NPPF provisions, so the Inspector's limited weight was rational.

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 Challenge) / Final Judgment and Post Judgment Applications
Outcome
Claim dismissed
Legal Topics
Housing Land Supply, Development Plan, National Planning Policy Framework, Community Facilities, Judicial Review, Procedural Fairness
Planning Law Administrative Law Housing Land Supply Development Plan National Planning Policy Framework Community Facilities Judicial Review Procedural Fairness

Case Brief

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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 Challenge) / 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 local planning authority was not under a legal duty to update the Inspector with revised housing land supply figures; the Inspector's legal error in weighing out-of-date development plan policies did not affect the outcome; and the Site did not qualify as a valued community facility or open space under the relevant NPPF provisions, so the Inspector's limited weight was rational.

Court Disposition

Claim dismissed

Orders

  • First Defendant to have costs, capped at £10,000 following summary assessment
  • Permission to appeal refused