Barker Mill Estates (Trustees of) v Test Valley Borough Council & Anor

Barker Mill Estates (Trustees of) v Test Valley Borough Council & Anor

The Court held that Test Valley Borough Council lawfully identified and applied the objectively assessed need for housing, including affordable housing, and did not unlawfully merge the Gallagher stages. The duty to co-operate was satisfied through extensive cross-boundary engagement, and it was rational not to make a formal request to neighbouring authorities regarding affordable housing shortfall. The plan's approach to B8 land allocation was rational and not unsound, and the Claimants' failure to raise the issue at Examination precluded it as a ground for challenge. In the planning appeals, the Inspector correctly applied the NPPF, was not required to apply a wider presumption in...

Parties
Claimant: Trustees of the Barker Mill Estates; Defendant (co/1246/2016) / Second Defendant (co/1901/2016): Test Valley Borough Council; First Defendant (co/1901/2016): Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
25 November 2016
Procedural Posture
Judicial Review and Statutory Planning Appeal / High Court Judgment on Consolidated Hearing of Section 113 and Section 288 Challenges
Outcome
Claims dismissed.
Legal Topics
Local Plan Adoption, Duty to Co Operate, Objectively Assessed Need (oan), Affordable Housing, Employment Land Allocation, Presumption in Favour of Sustainable Development, Interpretation of National Planning Policy Framework (nppf), Judicial Review, Statutory Planning Appeals
Planning and Environmental Law Administrative Law Local Government Law Local Plan Adoption Duty to Co Operate Objectively Assessed Need (oan) Affordable Housing Employment Land Allocation +4 more

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Parties

Trustees of the Barker Mill Estates

Claimant

Test Valley Borough Council

Defendant (co/1246/2016) / Second Defendant (co/1901/2016)

Secretary of State for Communities and Local Government

First Defendant (co/1901/2016)

Procedural Posture

Judicial Review and Statutory Planning Appeal / High Court Judgment on Consolidated Hearing of Section 113 and Section 288 Challenges

Legal Issues

  1. 1 Whether the Revised Test Valley Local Plan (RTVLP) was lawfully adopted under section 113 of the Planning and Compulsory Purchase Act 2004, particularly regarding objectively assessed housing need and affordable housing provision.
  2. 2 Whether Test Valley Borough Council complied with the duty to co-operate under section 33A of PCPA 2004.
  3. 3 Whether the RTVLP failed to allocate sufficient land for B8 (storage and distribution) development, rendering the plan unsound.

Ratio Decidendi

The Court held that Test Valley Borough Council lawfully identified and applied the objectively assessed need for housing, including affordable housing, and did not unlawfully merge the Gallagher stages. The duty to co-operate was satisfied through extensive cross-boundary engagement, and it was rational not to make a formal request to neighbouring authorities regarding affordable housing shortfall. The plan's approach to B8 land allocation was rational and not unsound, and the Claimants' failure to raise the issue at Examination precluded it as a ground for challenge. In the planning appeals, the Inspector correctly applied the NPPF, was not required to apply a wider presumption in...

Court Disposition

Claims dismissed.

Orders

  • Section 113 challenge (CO/1246/2016) dismissed.
  • Section 288 challenge (CO/1901/2016) dismissed; permission to apply granted on grounds 1 and 2, refused on grounds 3 and 4.