Gloucester City Council v First Secretary of State

The inspector did not err in his approach to policy S8(4) or in the weight attached to the draft plan; even if there was an error, it was immaterial as the outcome would have been the same. The claim is dismissed.

Parties: Claimant: Gloucester City Council; 1st Defendant: First Secretary of State; 2nd Defendant: The Noble Organisation Limited
Jurisdiction: England and Wales
Judgment Date: 10 March 2003
Procedural Posture: Judicial Review (planning) / Judgment After Substantive Hearing
Outcome: Claim dismissed
Legal Topics: Interpretation of Planning Policy, Material Considerations in Planning Decisions, Costs in Judicial Review

Planning Law Administrative Law Interpretation of Planning Policy Material Considerations in Planning Decisions Costs in Judicial Review

Case Brief

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Parties

Gloucester City Council

Claimant

First Secretary of State

1st Defendant

The Noble Organisation Limited

2nd Defendant

Procedural Posture

Judicial Review (planning) / Judgment After Substantive Hearing

Legal Issues

1 Whether the inspector misconstrued or misapplied policy S8(4) of the First Deposit Draft Gloucester Local Plan by failing to apply the onus of proof to the developer
2 Whether the inspector failed to take into account the adoption of the draft plan for development control purposes as a material consideration
3 Whether any error by the inspector was material so as to justify relief

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Claimant to pay the Secretary of State's costs, summarily assessed at £7,441
Claimant to pay the developer's (second defendant's) costs of preparing and filing evidence, subject to detailed assessment if not agreed