Cala Homes (South) Ltd, R (on the application of) v First Secretary of State & Anor

Cala Homes (South) Ltd, R (on the application of) v First Secretary of State & Anor

The First Secretary of State was entitled to rely on the flexible approach in the approved Action Plan, which did not require automatic release of reserve housing sites if milestones were missed. The Inspector and Secretary of State were entitled to prefer the County Council's comprehensive and contemporaneous housing supply figures over the claimant's incomplete and inconsistent reassessment. There was no breach of legitimate expectation, irrationality, or failure to give reasons.

Parties
Claimant: Cala Homes (South) Limited; First Defendant: First Secretary of State; Second Defendant: Winchester City Council
Jurisdiction
England and Wales
Judgment Date
10 December 2007
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment
Outcome
Application dismissed
Legal Topics
Legitimate Expectation, Planning Permission, Judicial Review, Housing Supply, Development Plans
Administrative Law Planning Law Legitimate Expectation Planning Permission Judicial Review Housing Supply Development Plans

Case Brief

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Parties

Cala Homes (South) Limited

Claimant

First Secretary of State

First Defendant

Winchester City Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment

Legal Issues

  1. 1 Whether the First Secretary of State failed to follow or give reasons for departing from a policy that milestones in the Housing Supply Action Plan would automatically trigger release of reserve housing sites if not met
  2. 2 Whether the First Secretary of State erred in rejecting the claimant's assessment of housing supply

Ratio Decidendi

The First Secretary of State was entitled to rely on the flexible approach in the approved Action Plan, which did not require automatic release of reserve housing sites if milestones were missed. The Inspector and Secretary of State were entitled to prefer the County Council's comprehensive and contemporaneous housing supply figures over the claimant's incomplete and inconsistent reassessment. There was no breach of legitimate expectation, irrationality, or failure to give reasons.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Claimant to pay First Defendant's costs, summarily assessed at £9,060