Exeter City Council v Secretary of State for Communities and Local Government & Ors [2015] EWHC 1663 (Admin) (12 June 2015)

Exeter City Council v Secretary of State for Communities and Local Government & Ors [2015] EWHC 1663 (Admin) (12 June 2015)

The Inspector did not err in law in her approach to the treatment of student accommodation in the housing supply calculation. She correctly interpreted the relevant policies and guidance, considered the evidence, and was entitled to conclude that student accommodation should not be included in the housing supply in this case. The Inspector did not unlawfully adopt rigid tests for inclusion of student accommodation; her reasoning was fact-specific and consistent with the Planning Practice Guidance. Even if there had been errors, they would have been immaterial to the outcome.

Citation
[2015] EWHC 1663 (Admin)
Parties
Claimant: Exeter City Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Waddeton Park Limited; Third Defendant: The R B Nelder Trust
Jurisdiction
England and Wales
Judgment Date
12 June 2015
Procedural Posture
Section 288 Application Under the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Housing Supply, Student Accommodation, Development Plan, National Planning Policy Framework (nppf), Planning Practice Guidance (ppg), Judicial Review Grounds, Material Considerations, Sustainable Development
Planning Law Administrative Law Judicial Review Housing Supply Student Accommodation Development Plan National Planning Policy Framework (nppf) Planning Practice Guidance (ppg) +3 more

Case Brief

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Parties

Exeter City Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Waddeton Park Limited

Second Defendant

The R B Nelder Trust

Third Defendant

Procedural Posture

Section 288 Application Under the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in relation to the treatment of student accommodation in housing supply calculations
  2. 2 Whether the Inspector unlawfully adopted tests for inclusion of student accommodation in housing supply

Ratio Decidendi

The Inspector did not err in law in her approach to the treatment of student accommodation in the housing supply calculation. She correctly interpreted the relevant policies and guidance, considered the evidence, and was entitled to conclude that student accommodation should not be included in the housing supply in this case. The Inspector did not unlawfully adopt rigid tests for inclusion of student accommodation; her reasoning was fact-specific and consistent with the Planning Practice Guidance. Even if there had been errors, they would have been immaterial to the outcome.

Court Disposition

Application dismissed

Orders

  • Application to quash the Inspector's decision is refused
  • Applications to admit further evidence are refused