JJ Gallagher Ltd & Ors v Cherwell District Council & Anor [2016] EWHC 290 (Admin) (18 February 2016)

JJ Gallagher Ltd & Ors v Cherwell District Council & Anor [2016] EWHC 290 (Admin) (18 February 2016)

Policy Bicester 13 is clear and unambiguous in prohibiting built development within the Conservation Target Area, but the inspector failed to provide any reasons for recommending adoption of this prohibition, rendering the recommendation irrational and unlawful; remedy is to treat Policy Bicester 13 as not adopted and remit to the Secretary of State for reconsideration with directions to modify the policy.

Citation
[2016] EWHC 290 (Admin)
Parties
Claimant: JJ Gallagher Ltd; Claimant: London and Metropolitan International Developments Ltd; Claimant: Norman Trustees; First Defendant: Cherwell District Council; Second Defendant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
18 February 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; Policy Bicester 13 quashed and remitted for reconsideration.
Legal Topics
Local Plan Adoption, Planning Policy Interpretation, Statutory Review, Soundness of Development Plan Documents
Administrative Law Planning Law Local Plan Adoption Planning Policy Interpretation Statutory Review Soundness of Development Plan Documents

Case Brief

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Parties

JJ Gallagher Ltd

Claimant

London and Metropolitan International Developments Ltd

Claimant

Norman Trustees

Claimant

Cherwell District Council

First Defendant

Secretary of State for Communities and Local Government

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Policy Bicester 13 is ambiguous
  2. 2 Whether the inspector's recommendation was irrational or inadequately reasoned
  3. 3 Appropriate remedy for legal error in plan adoption

Ratio Decidendi

Policy Bicester 13 is clear and unambiguous in prohibiting built development within the Conservation Target Area, but the inspector failed to provide any reasons for recommending adoption of this prohibition, rendering the recommendation irrational and unlawful; remedy is to treat Policy Bicester 13 as not adopted and remit to the Secretary of State for reconsideration with directions to modify the policy.

Court Disposition

Claim allowed; Policy Bicester 13 quashed and remitted for reconsideration.

Orders

  • Policy Bicester 13 adopted by Cherwell District Council on 20 July 2015 to be treated as not adopted and remitted to the Secretary of State for Communities and Local Government.
  • Secretary of State to appoint a planning inspector to recommend adoption of Policy Bicester 13 subject to deletion of the words 'that part of the site within the Conservation Target Area should be kept free from built development'.