Phides Estates (Overseas) Ltd v Secretary of State for Communities and Local Government & Ors [2015] EWHC 827 (Admin) (26 March 2015)

Phides Estates (Overseas) Ltd v Secretary of State for Communities and Local Government & Ors [2015] EWHC 827 (Admin) (26 March 2015)

The inspector lawfully interpreted Policy SS2 as imposing a minimum requirement of 350 dwellings per annum, not 400. The distinction between 'requirement' and 'target' in the policy is clear and consistent. The inspector's reasoning was adequate, and her application of the NPPF and relevant policies was lawful. No error of law was made in the decision-making process.

Citation
[2015] EWHC 827 (Admin)
Parties
Claimant: Phides Estates (Overseas) Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Shepway District Council; Third Defendant: David Plumstead
Jurisdiction
England and Wales
Judgment Date
26 March 2015
Procedural Posture
Judicial Review (planning) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of Planning Policy, Housing Land Supply, National Planning Policy Framework, Local Plan Compliance, Presumption in Favour of Sustainable Development
Administrative Law Planning Law Interpretation of Planning Policy Housing Land Supply National Planning Policy Framework Local Plan Compliance Presumption in Favour of Sustainable Development

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Parties

Phides Estates (Overseas) Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Shepway District Council

Second Defendant

David Plumstead

Third Defendant

Procedural Posture

Judicial Review (planning) / Final Judgment

Legal Issues

  1. 1 Did the inspector lawfully interpret and apply Policy SS2 of the Shepway Core Strategy regarding housing requirements under the NPPF?
  2. 2 Did the inspector lawfully identify and apply relevant policies for the supply of housing under paragraph 49 of the NPPF, and provide adequate reasons?

Ratio Decidendi

The inspector lawfully interpreted Policy SS2 as imposing a minimum requirement of 350 dwellings per annum, not 400. The distinction between 'requirement' and 'target' in the policy is clear and consistent. The inspector's reasoning was adequate, and her application of the NPPF and relevant policies was lawful. No error of law was made in the decision-making process.

Court Disposition

Claim dismissed

Orders

  • Application to quash inspector's decision refused
  • No order as to costs