Old Hunstanton Parish Council v Secretary of State for Communities and Local Government & Ors [2015] EWHC 1958 (Admin) (15 July 2015)

Old Hunstanton Parish Council v Secretary of State for Communities and Local Government & Ors [2015] EWHC 1958 (Admin) (15 July 2015)

The Inspector misinterpreted and misapplied the Rural Exception Site policy by relying on housing need from Hunstanton and Heacham, which are not small rural communities, and failed to give adequate reasons for her decision, thus breaching statutory and common law requirements for planning decisions.

Citation
[2015] EWHC 1958 (Admin)
Parties
Claimant: Old Hunstanton Parish Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Hastoe Housing Association Limited; Third Defendant: Kings Lynn and West Norfolk Borough Council
Jurisdiction
England and Wales
Judgment Date
15 July 2015
Procedural Posture
Judicial Review Under Section 288 TCPA 1990 / Final Judgment
Outcome
Claimant's application succeeds; decision quashed
Legal Topics
Interpretation of Development Plan Policies, Rural Exception Site Policy, Affordable Housing, Judicial Review, Reasoning Adequacy
Planning Law Administrative Law Interpretation of Development Plan Policies Rural Exception Site Policy Affordable Housing Judicial Review Reasoning Adequacy

Case Brief

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Parties

Old Hunstanton Parish Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Hastoe Housing Association Limited

Second Defendant

Kings Lynn and West Norfolk Borough Council

Third Defendant

Procedural Posture

Judicial Review Under Section 288 TCPA 1990 / Final Judgment

Legal Issues

  1. 1 Proper interpretation and application of Rural Exception Site policy
  2. 2 Adequacy of reasons in planning decisions
  3. 3 Scope of 'local need' for affordable housing in rural communities

Ratio Decidendi

The Inspector misinterpreted and misapplied the Rural Exception Site policy by relying on housing need from Hunstanton and Heacham, which are not small rural communities, and failed to give adequate reasons for her decision, thus breaching statutory and common law requirements for planning decisions.

Court Disposition

Claimant's application succeeds; decision quashed

Orders

  • The First Defendant's decision to grant planning permission is quashed