Old Hunstanton Parish Council v Secretary of State for Communities and Local Government & Ors

Old Hunstanton Parish Council v Secretary of State for Communities and Local Government & Ors

The Inspector misinterpreted and misapplied the Rural Exception Site policy by permitting the affordable housing needs of a local town (Hunstanton) to justify development on a green field site in a small rural community (Old Hunstanton), contrary to the purpose and wording of the policy. The Inspector also failed to give adequate reasons for her decision, particularly in not addressing the Claimant's submissions on the proper interpretation and application of the policy.

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 (planning) / Judgment on Application to Quash Planning Decision
Outcome
Claim allowed; decision quashed
Legal Topics
Interpretation of Development Plan Policies, Rural Exception Site Policy, Affordable Housing, Judicial Review of Planning Decisions, Adequacy of Reasons
Planning Law Administrative Law Interpretation of Development Plan Policies Rural Exception Site Policy Affordable Housing Judicial Review of Planning Decisions Adequacy of Reasons

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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 (planning) / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Inspector misinterpreted and misapplied the Rural Exception Site policy in granting planning permission for affordable housing on a green field site in Old Hunstanton
  2. 2 Whether the Inspector gave adequate reasons for her decision

Ratio Decidendi

The Inspector misinterpreted and misapplied the Rural Exception Site policy by permitting the affordable housing needs of a local town (Hunstanton) to justify development on a green field site in a small rural community (Old Hunstanton), contrary to the purpose and wording of the policy. The Inspector also failed to give adequate reasons for her decision, particularly in not addressing the Claimant's submissions on the proper interpretation and application of the policy.

Court Disposition

Claim allowed; decision quashed

Orders

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