Milwood Land (Stafford) Ltd v Secretary of State for Communities and Local Government & Anor

Milwood Land (Stafford) Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector did not err in law in his construction or application of Policy SP7 of the PSB, properly considered the five-year housing land supply as at the date of his decision, and gave adequate and intelligible reasons for his conclusions. The relevant policies were not out-of-date, and the presumption in favour of granting permission under paragraph 14 of the NPPF was not engaged.

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 (section 288 Town and Country Planning Act 1990) / Judgment on Application to Quash Planning Appeal Decision
Outcome
Application refused
Legal Topics
Interpretation of Development Plan Policies, Five Year Housing Land Supply, National Planning Policy Framework (nppf), Judicial Review of Planning Decisions, Adequacy of Reasons in Planning Decisions
Planning Law Administrative Law Interpretation of Development Plan Policies Five Year Housing Land Supply National Planning Policy Framework (nppf) Judicial Review of Planning Decisions Adequacy of Reasons in Planning Decisions

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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 (section 288 Town and Country Planning Act 1990) / Judgment on Application to Quash Planning Appeal Decision

Legal Issues

  1. 1 Whether the Inspector misconstrued and/or misapplied Policy SP7 of the Plan for Stafford Borough 2011-31 (PSB)
  2. 2 Whether the Inspector misconstrued and/or misapplied the National Planning Policy Framework (NPPF) regarding five-year housing land supply
  3. 3 Whether the Inspector failed to address the argument that relevant policies were out-of-date, thus engaging the presumption in favour of development under paragraph 14 of the NPPF

Ratio Decidendi

The Inspector did not err in law in his construction or application of Policy SP7 of the PSB, properly considered the five-year housing land supply as at the date of his decision, and gave adequate and intelligible reasons for his conclusions. The relevant policies were not out-of-date, and the presumption in favour of granting permission under paragraph 14 of the NPPF was not engaged.

Court Disposition

Application refused

Orders

  • Application to quash the Inspector’s decision is refused