Bewley Homes PLC v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 1166 (Admin) (16 May 2024)

Bewley Homes PLC v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 1166 (Admin) (16 May 2024)

Paragraph 81 of NPPF 2021 does not mandate that significant weight must be given to the economic benefits of any development proposal; it is a high-level policy objective, and the decision-maker is entitled to assess the nature and degree of economic benefits and assign appropriate weight in the planning balance. The Inspector made no error of law in giving moderate weight to the economic benefits in this case, and was not required to give reasons for departing from previous appeal decisions that misinterpreted the policy.

Citation
[2024] EWHC 1166 (Admin)
Parties
Claimant: Bewley Homes plc; First Defendant: The Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
16 May 2024
Procedural Posture
Statutory Review Under S.288 Town and Country Planning Act 1990 / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Interpretation of National Planning Policy Framework (nppf) Paragraph 81, Weight to Be Given to Economic Benefits in Planning Decisions, Duty to Give Reasons for Departure From Previous Decisions, Planning Policy and Development Control, Judicial Review of Planning Decisions
Planning Law Administrative Law Statutory Interpretation Interpretation of National Planning Policy Framework (nppf) Paragraph 81 Weight to Be Given to Economic Benefits in Planning Decisions Duty to Give Reasons for Departure From Previous Decisions Planning Policy and Development Control Judicial Review of Planning Decisions

Case Brief

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Parties

Bewley Homes plc

Claimant

The Secretary of State for Levelling Up, Housing and Communities

First Defendant

Waverley Borough Council

Second Defendant

Procedural Posture

Statutory Review Under S.288 Town and Country Planning Act 1990 / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether paragraph 81 of NPPF 2021 requires significant weight to be given to economic benefits of any development proposal
  2. 2 Whether the Inspector erred in law by giving only moderate weight to economic benefits
  3. 3 Whether the Inspector failed to give reasons for departing from previous appeal decisions interpreting NPPF 81

Ratio Decidendi

Paragraph 81 of NPPF 2021 does not mandate that significant weight must be given to the economic benefits of any development proposal; it is a high-level policy objective, and the decision-maker is entitled to assess the nature and degree of economic benefits and assign appropriate weight in the planning balance. The Inspector made no error of law in giving moderate weight to the economic benefits in this case, and was not required to give reasons for departing from previous appeal decisions that misinterpreted the policy.

Court Disposition

Claim dismissed

Orders

  • Claim for statutory review under s.288 TCPA 1990 is dismissed.