Keith Langmead Ltd v Secretary of State for Communities and Local Government & Anor

Keith Langmead Ltd v Secretary of State for Communities and Local Government & Anor

The Secretary of State lawfully interpreted and applied the NPPF, gave rational and adequate reasons, properly considered all relevant material and exercised planning judgment within the bounds of reasonableness, including the weight given to the neighbourhood plan and housing supply policies. No error of law, irrationality, or procedural impropriety was established.

Parties
Claimant: Keith Langmead Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Arun District Council
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Judicial Review/statutory Challenge Under Section 288 TCPA 1990 / Judgment on Substantive Application
Outcome
Application dismissed
Legal Topics
Interpretation and Application of National Planning Policy Framework (nppf), Weight of Neighbourhood Plans in Planning Decisions, Statutory Duty to Give Reasons, Material Considerations in Planning Appeals
Planning Law Administrative Law Judicial Review Interpretation and Application of National Planning Policy Framework (nppf) Weight of Neighbourhood Plans in Planning Decisions Statutory Duty to Give Reasons Material Considerations in Planning Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Keith Langmead Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Arun District Council

Second Defendant

Procedural Posture

Judicial Review/statutory Challenge Under Section 288 TCPA 1990 / Judgment on Substantive Application

Legal Issues

  1. 1 Whether the Secretary of State misinterpreted or misapplied the NPPF
  2. 2 Whether the Secretary of State failed to take account of material changes or considerations
  3. 3 Whether the Secretary of State's decision was irrational or inadequately reasoned

Ratio Decidendi

The Secretary of State lawfully interpreted and applied the NPPF, gave rational and adequate reasons, properly considered all relevant material and exercised planning judgment within the bounds of reasonableness, including the weight given to the neighbourhood plan and housing supply policies. No error of law, irrationality, or procedural impropriety was established.

Court Disposition

Application dismissed

Orders

  • The application under section 288 TCPA 1990 is dismissed.