Exeter City Council v Secretary of State for Communities and Local Government & Ors

The Inspector did not err in law in her approach to student accommodation and housing supply; her interpretation of the NPPF and PPG was correct, and even if any error occurred, it was immaterial as the outcome would inevitably have been the same.

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: Judicial Review (statutory Appeal Under Section 288 Town and Country Planning Act 1990) / Final Judgment
Outcome: Application dismissed
Legal Topics: Housing Supply, Student Accommodation, Sustainable Development, Interpretation of Planning Policy, Judicial Review Grounds

Planning Law Administrative Law Housing Supply Student Accommodation Sustainable Development Interpretation of Planning Policy Judicial Review Grounds

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

Judicial Review (statutory Appeal Under Section 288 Town and Country Planning Act 1990) / Final Judgment

Legal Issues

1 Whether the Inspector erred in law regarding inclusion of student accommodation in housing supply
2 Whether the Inspector adopted unlawful tests for inclusion of student accommodation
3 Whether any alleged errors were material to the outcome

Ratio Decidendi

Court Disposition

Application dismissed