Daventry District Council v Secretary of State for Communities And Local Government & Anor

Daventry District Council v Secretary of State for Communities And Local Government & Anor

The Inspector erred in law by failing to properly assess the consistency of saved Local Plan policies with the NPPF, relying improperly on their age, and not specifying the weight accorded to them, thereby failing to discharge the statutory duty under section 70(2) TCPA 1990 and section 38(6) PCPA 2004.

Parties
Claimant: Daventry District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Gladman Developments Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2015
Procedural Posture
Judicial Review (planning) / Final Judgment
Outcome
Decision quashed
Legal Topics
Judicial Review, Development Plan, National Planning Policy Framework, Statutory Interpretation, Planning Permission, Local Plan Policies
Administrative Law Planning Law Judicial Review Development Plan National Planning Policy Framework Statutory Interpretation Planning Permission Local Plan Policies

Case Brief

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Parties

Daventry District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Gladman Developments Limited

Second Defendant

Procedural Posture

Judicial Review (planning) / Final Judgment

Legal Issues

  1. 1 Whether the Inspector failed to determine the application in accordance with the development plan
  2. 2 Whether the Inspector misapplied the National Planning Policy Framework
  3. 3 Whether the Inspector's reasons were inadequate

Ratio Decidendi

The Inspector erred in law by failing to properly assess the consistency of saved Local Plan policies with the NPPF, relying improperly on their age, and not specifying the weight accorded to them, thereby failing to discharge the statutory duty under section 70(2) TCPA 1990 and section 38(6) PCPA 2004.

Court Disposition

Decision quashed

Orders

  • The Inspector's decision is quashed under section 288 TCPA 1990.
  • No determination on Ground 2 (reasons) due to success on Ground 1.