Basingstoke and Deane Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 1916 (Admin) (25 July 2024)

Basingstoke and Deane Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 1916 (Admin) (25 July 2024)

The Inspector was entitled to take into account the out-of-datedness of the spatial strategy policies when determining whether the proposal accorded with the development plan as a whole under s.38(6) PCPA 2004. The assessment of whether a proposal accords with the plan as a whole is a matter of planning judgment,...

Source-derived case information.

Citation
[2024] EWHC 1916 (Admin)
Parties
Claimant: Basingstoke and Deane Borough Council; 1st Defendant: Secretary of State for Levelling Up, Housing and Communities; 2nd Defendant: Bewley Homes plc
Jurisdiction
England and Wales
Judgment Date
25 July 2024
Procedural Posture
Judicial Review (planning Statutory Review Under S.288 TCPA 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of S.38(6) Planning and Compulsory Purchase Act 2004, Material Considerations in Planning Decisions, Out of Date Development Plan Policies, Presumption in Favour of Sustainable Development, Application of National Planning Policy Framework (nppf), Judicial Review of Planning Inspector Decisions
Planning Law Administrative Law Local Government Law Interpretation of S.38(6) Planning and Compulsory Purchase Act 2004 Material Considerations in Planning Decisions Out of Date Development Plan Policies Presumption in Favour of Sustainable Development Application of National Planning Policy Framework (nppf) +1 more

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Summary, issues, holding and outcome

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Parties

Basingstoke and Deane Borough Council

Claimant

Secretary of State for Levelling Up, Housing and Communities

1st Defendant

Bewley Homes plc

2nd Defendant

Procedural Posture

Judicial Review (planning Statutory Review Under S.288 TCPA 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by taking into account the out-of-datedness of spatial strategy policies when determining if the proposal accorded with the development plan as a whole under s.38(6) PCPA 2004
  2. 2 Whether the out-of-datedness of development plan policies is relevant to the first limb of s.38(6) or only to the second limb (material considerations)

Ratio Decidendi

The Inspector was entitled to take into account the out-of-datedness of the spatial strategy policies when determining whether the proposal accorded with the development plan as a whole under s.38(6) PCPA 2004. The assessment of whether a proposal accords with the plan as a whole is a matter of planning judgment, and the out-of-datedness of key policies is a relevant consideration. The Inspector's approach was lawful and consistent with established principles.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.
  • No error of law found in the Inspector's decision.