Mead Realisations Ltd v The Secretary of State for Levelling Up, Housing And Communities & Anor [2024] EWHC 279 (Admin) (12 February 2024)

Mead Realisations Ltd v The Secretary of State for Levelling Up, Housing And Communities & Anor [2024] EWHC 279 (Admin) (12 February 2024)

The Inspectors' interpretation and application of the sequential test for flood risk under NPPF and PPG were lawful; PPG can supplement NPPF and may provide more detailed guidance, but neither is binding as statute. The need for flexibility and realism is implicit in the sequential test, and appropriateness of alternative sites is a matter of planning judgment. The claimants' arguments that PPG cannot override NPPF and that only the specifics of the proposed development must be considered were rejected.

Citation
[2024] EWHC 279 (Admin)
Parties
Claimant: Mead Realisations Limited; Claimant: Redrow Homes Limited; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant (ac 2023 LON 002327): North Somerset Council; Second Defendant (ac 2023 LON 002481): Hertsmere Borough Council
Jurisdiction
England and Wales
Judgment Date
12 February 2024
Procedural Posture
Judicial Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claims dismissed
Legal Topics
Interpretation of Sequential Test for Flood Risk, Relationship Between National Planning Policy Framework and Planning Practice Guidance, Application of Planning Policy, Flood Risk Assessment, Green Belt Policy
Planning Law Administrative Law Interpretation of Sequential Test for Flood Risk Relationship Between National Planning Policy Framework and Planning Practice Guidance Application of Planning Policy Flood Risk Assessment Green Belt Policy

Case Brief

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Parties

Mead Realisations Limited

Claimant

Redrow Homes Limited

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

North Somerset Council

Second Defendant (ac 2023 LON 002327)

Hertsmere Borough Council

Second Defendant (ac 2023 LON 002481)

Procedural Posture

Judicial Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether Inspectors correctly interpreted and applied the sequential test for flood risk under NPPF and PPG
  2. 2 Whether PPG can impose requirements beyond NPPF
  3. 3 Whether need for proposed development is relevant to sequential test

Ratio Decidendi

The Inspectors' interpretation and application of the sequential test for flood risk under NPPF and PPG were lawful; PPG can supplement NPPF and may provide more detailed guidance, but neither is binding as statute. The need for flexibility and realism is implicit in the sequential test, and appropriateness of alternative sites is a matter of planning judgment. The claimants' arguments that PPG cannot override NPPF and that only the specifics of the proposed development must be considered were rejected.

Court Disposition

Claims dismissed

Orders

  • No quashing of Inspectors' decisions
  • Planning appeals remain refused