Milwood Land (Stafford) Ltd v Secretary of State for Communities and Local Government & Anor [2015] EWHC 1836 (Admin) (30 June 2015)

Milwood Land (Stafford) Ltd v Secretary of State for Communities and Local Government & Anor [2015] EWHC 1836 (Admin) (30 June 2015)

The Inspector did not err in law in his construction or application of Policy SP7, properly assessed housing land supply as at the date of decision, and gave adequate reasons for rejecting the applicant's submissions. The development plan policies were not out-of-date, and the presumption in favour of granting permission under NPPF paragraph 14 was not engaged.

Citation
[2015] EWHC 1836 (Admin)
Parties
Claimant: Milwood Land (Stafford) Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Stafford Borough Council
Jurisdiction
England and Wales
Judgment Date
30 June 2015
Procedural Posture
Judicial Review (statutory Appeal Under Section 288 Town and Country Planning Act 1990) / Final Judgment
Outcome
Application refused
Legal Topics
Interpretation of Development Plan Policies, Housing Land Supply, Sustainable Development, Adequacy of Reasons, National Planning Policy Framework (nppf), Local Plan Compliance
Planning Law Administrative Law Interpretation of Development Plan Policies Housing Land Supply Sustainable Development Adequacy of Reasons National Planning Policy Framework (nppf) Local Plan Compliance

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Parties

Milwood Land (Stafford) Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Stafford Borough Council

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Did the Inspector misconstrue and/or misapply Policy SP7 of the Plan for Stafford Borough?
  2. 2 Did the Inspector misconstrue and/or misapply the National Planning Policy Framework regarding housing land supply?
  3. 3 Did the Inspector fail to address the submission that relevant policies were out-of-date, thus engaging the presumption in favour of granting permission under NPPF paragraph 14?

Ratio Decidendi

The Inspector did not err in law in his construction or application of Policy SP7, properly assessed housing land supply as at the date of decision, and gave adequate reasons for rejecting the applicant's submissions. The development plan policies were not out-of-date, and the presumption in favour of granting permission under NPPF paragraph 14 was not engaged.

Court Disposition

Application refused