London Borough of Richmond Upon Thames v Secretary of State for Communities and Local Government & Anor [2006] EWHC 3324 (Admin) (07 December 2006)

London Borough of Richmond Upon Thames v Secretary of State for Communities and Local Government & Anor [2006] EWHC 3324 (Admin) (07 December 2006)

The Inspector's interpretation of the planning policy, which allowed the affordable housing contribution to be calculated using average values of all one and two bedroom units (new and existing) in the postcode area, was not a reasonable interpretation of the policy. The policy required calculation based on the market value of new build units that would notionally be constructed on the appeal site. The Inspector's approach was irrational, negated the policy's objective of equivalence, and was therefore unlawful.

Citation
[2006] EWHC 3324 (Admin)
Parties
Claimant: London Borough of Richmond Upon Thames; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Princegate Estates (Hampton) Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2006
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim allowed; judgment for the claimant.
Legal Topics
Interpretation of Planning Policy, Affordable Housing Contributions, Calculation of Off Site Affordable Housing Payments, Judicial Review of Planning Decisions
Planning Law Administrative Law Interpretation of Planning Policy Affordable Housing Contributions Calculation of Off Site Affordable Housing Payments Judicial Review of Planning Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

London Borough of Richmond Upon Thames

Claimant

Secretary of State for Communities and Local Government

First Defendant

Princegate Estates (Hampton) Limited

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Proper interpretation of planning policy for calculating off-site affordable housing contributions
  2. 2 Whether the Inspector's method of valuation for contributions was lawful

Ratio Decidendi

The Inspector's interpretation of the planning policy, which allowed the affordable housing contribution to be calculated using average values of all one and two bedroom units (new and existing) in the postcode area, was not a reasonable interpretation of the policy. The policy required calculation based on the market value of new build units that would notionally be constructed on the appeal site. The Inspector's approach was irrational, negated the policy's objective of equivalence, and was therefore unlawful.

Court Disposition

Claim allowed; judgment for the claimant.

Orders

  • Inspector's decision quashed.
  • Claimant awarded costs, reduced by £1,500 plus VAT for excessive conference fees.