Braintree District Council v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2743 (Admin) (15 November 2017)

Braintree District Council v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2743 (Admin) (15 November 2017)

'Isolated homes' in NPPF 55 refers to homes physically remote from other places, buildings, or people, not to homes remote from services and facilities. The Inspector correctly applied this interpretation and did not err in law or misapply policy.

Citation
[2017] EWHC 2743 (Admin)
Parties
Claimant: Braintree District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Greyread Limited; Third Defendant: Granville Developments Limited
Jurisdiction
England and Wales
Judgment Date
15 November 2017
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application Under Section 288 TCPA 1990
Outcome
Claim dismissed
Legal Topics
Interpretation of NPPF 55, Meaning of 'isolated Homes' in Countryside, Application of Development Plan Policies, Material Considerations in Planning, Presumption in Favour of Sustainable Development
Planning Law Administrative Law Judicial Review Interpretation of NPPF 55 Meaning of 'isolated Homes' in Countryside Application of Development Plan Policies Material Considerations in Planning Presumption in Favour of Sustainable Development

Case Brief

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Parties

Braintree District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Greyread Limited

Second Defendant

Granville Developments Limited

Third Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application Under Section 288 TCPA 1990

Legal Issues

  1. 1 What is the correct interpretation of 'isolated homes in the countryside' under NPPF 55?
  2. 2 Did the Inspector misapply NPPF 55 by focusing on proximity to other dwellings rather than proximity to services and facilities?
  3. 3 Was the Inspector's decision irrational or legally flawed under section 288 TCPA 1990?

Ratio Decidendi

'Isolated homes' in NPPF 55 refers to homes physically remote from other places, buildings, or people, not to homes remote from services and facilities. The Inspector correctly applied this interpretation and did not err in law or misapply policy.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Inspector's decision is refused
  • No error of law found in the Inspector's interpretation or application of NPPF 55