Cheshire East Council v Secretary of State for Communities and Local Government & Ors

Cheshire East Council v Secretary of State for Communities and Local Government & Ors

The inspector lawfully assessed the five-year housing land supply, gave adequate reasons, correctly applied the sustainable development presumption, and discharged his duty under Regulation 9(5) of the Conservation of Habitats and Species Regulations 2010; the claim is dismissed.

Parties
Claimant: Cheshire East Council; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Rowland Homes Ltd
Jurisdiction
England and Wales
Judgment Date
28 October 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Housing Supply, Sustainable Development, Habitats Directive, Planning Permission, Regulation 9(5), National Planning Policy Framework
Planning Law Environmental Law Administrative Law Housing Supply Sustainable Development Habitats Directive Planning Permission Regulation 9(5) +1 more

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Parties

Cheshire East Council

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Rowland Homes Ltd

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector lawfully assessed the five-year housing land supply
  2. 2 Whether the inspector lawfully applied the presumption in favour of sustainable development
  3. 3 Whether the inspector complied with Regulation 9(5) of the Conservation of Habitats and Species Regulations 2010

Ratio Decidendi

The inspector lawfully assessed the five-year housing land supply, gave adequate reasons, correctly applied the sustainable development presumption, and discharged his duty under Regulation 9(5) of the Conservation of Habitats and Species Regulations 2010; the claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Permission to amend the claim form granted
  • No quashing of the inspector's decision