Cheshire East Borough Council v Secretary of State for Communities and Local Government & Anor [2015] EWHC 410 (Admin) (25 February 2015)

Cheshire East Borough Council v Secretary of State for Communities and Local Government & Anor [2015] EWHC 410 (Admin) (25 February 2015)

The Inspector erred in law by treating Policy NE.4 (Green Gaps) as a policy for the supply of housing under paragraph 49 NPPF and by seeking to divide the policy's purposes, rather than applying it in accordance with its proper interpretation. This error was material and the decision must be quashed for reconsideration.

Citation
[2015] EWHC 410 (Admin)
Parties
Claimant: Cheshire East Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Richborough Estates Partnerships LLP
Jurisdiction
England and Wales
Judgment Date
25 February 2015
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim allowed; Inspector's decision quashed.
Legal Topics
Interpretation of Planning Policy, Sustainable Development, Housing Supply Requirements, Green Gap Policies, Judicial Review Standards
Administrative Law Planning Law Local Government Law Interpretation of Planning Policy Sustainable Development Housing Supply Requirements Green Gap Policies Judicial Review Standards

Case Brief

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Parties

Cheshire East Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Richborough Estates Partnerships LLP

Second Defendant

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in treating Policy NE.4 (Green Gaps) as a policy for the supply of housing under paragraph 49 of the NPPF
  2. 2 Whether the Inspector failed to properly apply the requirement of sustainable development under the NPPF
  3. 3 Whether the Inspector's assessment of housing supply was irrational or inadequately reasoned

Ratio Decidendi

The Inspector erred in law by treating Policy NE.4 (Green Gaps) as a policy for the supply of housing under paragraph 49 NPPF and by seeking to divide the policy's purposes, rather than applying it in accordance with its proper interpretation. This error was material and the decision must be quashed for reconsideration.

Court Disposition

Claim allowed; Inspector's decision quashed.

Orders

  • The appeal is to be considered afresh.