Redrow Homes (Eastern) Ltd. v First Secretary of State

Redrow Homes (Eastern) Ltd. v First Secretary of State

The inspector did not err in law in his approach to PPG3 or section 54A. He balanced the presumption in favour of brownfield development against the need for sufficient housing land, considered the development plan and material considerations, and gave adequate reasons. Any minor errors in the decision letter did...

Source-derived case information.

Parties
Claimant: Redrow Homes (Eastern) Limited; First Defendant: The First Secretary of State; Second Defendant: Swale Borough Council
Jurisdiction
England and Wales
Judgment Date
11 June 2003
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Judicial Review of Planning Decisions, Interpretation of Planning Policy Guidance (ppg3), Application of Section 54 a Town and Country Planning Act 1990, Development Plan Policies Vs Material Considerations, Housing Land Supply and Allocation, Costs in Planning Litigation
Planning Law Administrative Law Judicial Review of Planning Decisions Interpretation of Planning Policy Guidance (ppg3) Application of Section 54 a Town and Country Planning Act 1990 Development Plan Policies Vs Material Considerations Housing Land Supply and Allocation Costs in Planning Litigation

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Parties

Redrow Homes (Eastern) Limited

Claimant

The First Secretary of State

First Defendant

Swale Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the inspector erred in law in applying PPG3 to the release of a greenfield site for housing
  2. 2 Whether the inspector properly applied section 54A of the Town and Country Planning Act 1990
  3. 3 Whether the inspector failed to take into account a material consideration regarding the openness between settlements

Ratio Decidendi

The inspector did not err in law in his approach to PPG3 or section 54A. He balanced the presumption in favour of brownfield development against the need for sufficient housing land, considered the development plan and material considerations, and gave adequate reasons. Any minor errors in the decision letter did not affect the outcome. The application to quash the inspector's decision is refused.

Court Disposition

Application dismissed

Orders

  • Application to quash inspector's decision refused
  • Claimant to pay First Defendant's costs, summarily assessed at £6,000