Keep Bourne End Green v Buckinghamshire Council & Anor

Keep Bourne End Green v Buckinghamshire Council & Anor

The Inspector and Council lawfully exercised planning judgment in not revising OAHN using ONS 2016 projections, properly found exceptional circumstances for green belt release, complied with legal requirements for Habitats Regulations Assessment, and gave adequate reasons; no public law error or irrationality was established.

Parties
Claimant: Keep Bourne End Green; First Defendant: Buckinghamshire Council; Second Defendant: Secretary of State for Housing, Communities and Local Government; First Interested Party: Catesby Estates Plc; Second Interested Party: Leopold Noe
Jurisdiction
England and Wales
Judgment Date
23 July 2020
Procedural Posture
Statutory Review Under S.113 Planning and Compulsory Purchase Act 2004 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Local Plan Examination, Green Belt Policy, Housing Need Assessment, Habitats Regulations Assessment, Statutory Review, Procedural Rigour, Duty to Give Reasons
Planning Law Administrative Law Environmental Law Local Plan Examination Green Belt Policy Housing Need Assessment Habitats Regulations Assessment Statutory Review +2 more

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Parties

Keep Bourne End Green

Claimant

Buckinghamshire Council

First Defendant

Secretary of State for Housing, Communities and Local Government

Second Defendant

Catesby Estates Plc

First Interested Party

Leopold Noe

Second Interested Party

Procedural Posture

Statutory Review Under S.113 Planning and Compulsory Purchase Act 2004 / Final Judgment

Legal Issues

  1. 1 Whether the Inspector and Council erred in law by not using ONS 2016 household projections for objectively assessed housing need (OAHN)
  2. 2 Whether exceptional circumstances existed to justify release of green belt land
  3. 3 Whether the Habitats Regulations Assessment was lawful

Ratio Decidendi

The Inspector and Council lawfully exercised planning judgment in not revising OAHN using ONS 2016 projections, properly found exceptional circumstances for green belt release, complied with legal requirements for Habitats Regulations Assessment, and gave adequate reasons; no public law error or irrationality was established.

Court Disposition

Claim dismissed