Forest of Dean District Council v Secretary of State for Communities & Local Government & Anor

Forest of Dean District Council v Secretary of State for Communities & Local Government & Anor

The inspector erred in law by failing to undertake the ordinary (unweighted) balancing exercise required by NPPF paragraph 134, instead applying only the weighted test under paragraph 14 Limb 1. Paragraph 134 is a policy indicating development should be restricted, and the presumption in favour of development is disapplied in such cases. The error may have affected the outcome, so the decision must be quashed.

Parties
Claimant: Forest of Dean District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Gladman Developments Ltd
Jurisdiction
England and Wales
Judgment Date
04 March 2016
Procedural Posture
Judicial Review (section 288 Application) / Final Judgment
Outcome
Application allowed; inspector's decision quashed.
Legal Topics
Interpretation of National Planning Policy Framework, Heritage Assets, Listed Buildings, Presumption in Favour of Sustainable Development, Balancing Exercise in Planning Decisions
Planning Law Administrative Law Interpretation of National Planning Policy Framework Heritage Assets Listed Buildings Presumption in Favour of Sustainable Development Balancing Exercise in Planning Decisions

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Parties

Forest of Dean District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Gladman Developments Ltd

Second Defendant

Procedural Posture

Judicial Review (section 288 Application) / Final Judgment

Legal Issues

  1. 1 Whether the inspector applied the correct legal test under NPPF paragraph 134 and paragraph 14
  2. 2 Whether paragraph 134 is a policy indicating development should be restricted under NPPF paragraph 14 Limb 2
  3. 3 Whether the balancing exercise under paragraph 134 is weighted or ordinary

Ratio Decidendi

The inspector erred in law by failing to undertake the ordinary (unweighted) balancing exercise required by NPPF paragraph 134, instead applying only the weighted test under paragraph 14 Limb 1. Paragraph 134 is a policy indicating development should be restricted, and the presumption in favour of development is disapplied in such cases. The error may have affected the outcome, so the decision must be quashed.

Court Disposition

Application allowed; inspector's decision quashed.

Orders

  • The appeal decision dated 25 August 2015 is quashed.
  • Ground 3 of the section 288 application is upheld.