Wiltshire Council v Secretary of State for Communities and Local Government & Anor

Wiltshire Council v Secretary of State for Communities and Local Government & Anor

The Inspector did not err in law or fail to give adequate reasons. He properly considered the statutory development plan, the emerging SWRSS, and the arguments on disaggregation. His approach and reasoning were open to him and not irrational or unintelligible. The claim disclosed no reasonable grounds and was...

Source-derived case information.

Parties
Claimant/respondent: Wiltshire Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant/applicant: Robert Hitchins Limited
Jurisdiction
England and Wales
Judgment Date
12 May 2010
Procedural Posture
Judicial Review (planning) / Summary Disposal/strike Out Application
Outcome
Claim summarily dismissed/struck out against the Council
Legal Topics
Judicial Review of Planning Decisions, Interpretation of Development Plans, Housing Land Supply, Summary Disposal Under CPR 3.4 and 24
Administrative Law Planning Law Judicial Review of Planning Decisions Interpretation of Development Plans Housing Land Supply Summary Disposal Under CPR 3.4 and 24

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Parties

Wiltshire Council

Claimant/respondent

Secretary of State for Communities and Local Government

First Defendant

Robert Hitchins Limited

Second Defendant/applicant

Procedural Posture

Judicial Review (planning) / Summary Disposal/strike Out Application

Legal Issues

  1. 1 Whether the Planning Inspector erred in law by disregarding or misapplying the statutory development plan and material considerations
  2. 2 Whether the Inspector failed to give adequate reasons for departing from previous decisions and the disaggregated approach to housing land supply
  3. 3 Whether the claim disclosed any reasonable grounds and should be summarily disposed of

Ratio Decidendi

The Inspector did not err in law or fail to give adequate reasons. He properly considered the statutory development plan, the emerging SWRSS, and the arguments on disaggregation. His approach and reasoning were open to him and not irrational or unintelligible. The claim disclosed no reasonable grounds and was suitable for summary disposal.

Court Disposition

Claim summarily dismissed/struck out against the Council

Orders

  • The claim is disposed of summarily against the Council.
  • No order as to further hearing of the s.288 claim.