Cheshire East Borough Council v Secretary of State for Communities and Local Government & Anor

Cheshire East Borough Council v Secretary of State for Communities and Local Government & Anor

The Inspector erred in law by treating Policy NE.4 (Green Gaps) as a policy for the supply of housing under NPPF paragraph 49 and thus out-of-date, and by attempting to divide the policy's purposes. Policy NE.4 is designed to protect specific areas or features and does not fall within paragraph 49. The Inspector's error was material and the decision must be quashed for reconsideration.

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 (section 288 TCPA 1990) / High Court Judgment
Outcome
Claim allowed; Inspector's decision quashed
Legal Topics
Interpretation of Planning Policy, Sustainable Development, Housing Supply Requirements, Green Gap Policy, Application of NPPF Paragraph 49, Statutory Interpretation
Planning Law Administrative Law Judicial Review Interpretation of Planning Policy Sustainable Development Housing Supply Requirements Green Gap Policy Application of NPPF Paragraph 49 +1 more

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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 (section 288 TCPA 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in law in treating Policy NE.4 (Green Gaps) as a policy for the supply of housing under NPPF paragraph 49 and thus out-of-date
  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in law by treating Policy NE.4 (Green Gaps) as a policy for the supply of housing under NPPF paragraph 49 and thus out-of-date, and by attempting to divide the policy's purposes. Policy NE.4 is designed to protect specific areas or features and does not fall within paragraph 49. The Inspector's error was material and the decision must be quashed for reconsideration.

Court Disposition

Claim allowed; Inspector's decision quashed

Orders

  • The Inspector's decision dated 1 August 2014 is quashed.
  • The appeal is to be considered afresh.