Cora Homes Ltd v Secretary of State for Levelling Up, Housing And Communities & Anor [2024] EWHC 2617 (Admin) (17 October 2024)

Cora Homes Ltd v Secretary of State for Levelling Up, Housing And Communities & Anor [2024] EWHC 2617 (Admin) (17 October 2024)

The inspector erred in law by treating policy F4 of the Flore Neighbourhood Plan as material to the proposed development, which was not a rural exception site; policy F4 is a self-contained policy applicable only to rural exception sites and not to mixed tenure housing proposals under policy F2. The inspector was wrong to find breach of policy F4 and to attribute harm to such breach in the planning balance. The inspector's interpretation of policy F2, requiring compliance with Core Strategy policy R1, was correct. The inspector's reasons for finding conflict with other development plan policies were adequate. The inspector acted unfairly by deciding on access to services without giving...

Citation
[2024] EWHC 2617 (Admin)
Parties
Claimant: Cora Homes Limited; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: West Northamptonshire Council
Jurisdiction
England and Wales
Judgment Date
17 October 2024
Procedural Posture
Section 288 Town and Country Planning Act 1990 Challenge / High Court Judgment on Judicial Review
Outcome
Claim allowed in part; inspector's decision quashed.
Legal Topics
Interpretation of Development Plan Policies, Materiality of Planning Policies, Procedural Fairness in Planning Appeals, Statutory Interpretation, Judicial Review of Planning Decisions
Planning Law Administrative Law Local Government Law Interpretation of Development Plan Policies Materiality of Planning Policies Procedural Fairness in Planning Appeals Statutory Interpretation Judicial Review of Planning Decisions

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Parties

Cora Homes Limited

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

West Northamptonshire Council

Second Defendant

Procedural Posture

Section 288 Town and Country Planning Act 1990 Challenge / High Court Judgment on Judicial Review

Legal Issues

  1. 1 Whether the inspector misinterpreted or misapplied policies F2 and F4 of the Flore Neighbourhood Plan and related development plan policies
  2. 2 Whether the inspector failed to give adequate reasons for his conclusions on policy compliance
  3. 3 Whether the inspector acted unfairly by not giving the claimant an opportunity to address the issue of access to services

Ratio Decidendi

The inspector erred in law by treating policy F4 of the Flore Neighbourhood Plan as material to the proposed development, which was not a rural exception site; policy F4 is a self-contained policy applicable only to rural exception sites and not to mixed tenure housing proposals under policy F2. The inspector was wrong to find breach of policy F4 and to attribute harm to such breach in the planning balance. The inspector's interpretation of policy F2, requiring compliance with Core Strategy policy R1, was correct. The inspector's reasons for finding conflict with other development plan policies were adequate. The inspector acted unfairly by deciding on access to services without giving...

Court Disposition

Claim allowed in part; inspector's decision quashed.

Orders

  • Inspector's decision dated 10 November 2023 quashed.
  • Matter remitted for redetermination in accordance with the judgment.