Tiviot Way Investments Ltd v Secretary of State for Communities and Local Government & Anor

Tiviot Way Investments Ltd v Secretary of State for Communities and Local Government & Anor

The Secretary of State erred in law by failing to engage with the development plan as a whole and by applying CS10(3) to land not within a designated green wedge, contrary to the proper interpretation of the policy and the statutory duty under section 38(6).

Parties
Claimant: Tiviot Way Investments Ltd; First Defendant: Secretary of State for Communities and Local Government; Second Defendant/interested Party: Stockton-on-Tees Borough Council
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Decision
Outcome
Application allowed; decision quashed
Legal Topics
Interpretation of Development Plan Policies, Section 38(6) Planning and Compulsory Purchase Act 2004, Section 288 Town and Country Planning Act 1990, Green Wedge Policy, Material Considerations in Planning, Statutory Duty in Planning Decisions
Planning Law Administrative Law Judicial Review Interpretation of Development Plan Policies Section 38(6) Planning and Compulsory Purchase Act 2004 Section 288 Town and Country Planning Act 1990 Green Wedge Policy Material Considerations in Planning +1 more

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Parties

Tiviot Way Investments Ltd

Claimant

Secretary of State for Communities and Local Government

First Defendant

Stockton-on-Tees Borough Council

Second Defendant/interested Party

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Secretary of State lawfully applied section 38(6) of the Planning and Compulsory Purchase Act 2004 in determining conflict with the development plan as a whole
  2. 2 Whether the Secretary of State lawfully found conflict with CS10(3) and the strategic objective of maintaining a green wedge

Ratio Decidendi

The Secretary of State erred in law by failing to engage with the development plan as a whole and by applying CS10(3) to land not within a designated green wedge, contrary to the proper interpretation of the policy and the statutory duty under section 38(6).

Court Disposition

Application allowed; decision quashed

Orders

  • The Secretary of State's decision letter is quashed.
  • Second defendant to pay the claimant's costs, to be agreed or subject to detailed assessment.