Cherwell Development Watch Alliance v Cherwell District Council & Anor [2021] EWHC 2190 (Admin) (30 July 2021)

Cherwell Development Watch Alliance v Cherwell District Council & Anor [2021] EWHC 2190 (Admin) (30 July 2021)

The Inspector did not err in law by failing to take into account the reduction in Oxford's housing need as a material consideration; he was entitled to rely on the conclusions of the Oxford Plan Inspectors and exercised a lawful planning judgment. The challenge to the adequacy of the replacement golf course was a disagreement on planning merits, not a legal error. No procedural or substantive error justifying quashing or remitting the Cherwell Plan was established.

Citation
[2021] EWHC 2190 (Admin)
Parties
Claimant: Cherwell Development Watch Alliance; First Defendant: Cherwell District Council; Second Defendant: Secretary of State for Housing, Communities and Local Government; First Interested Party: The Dean and Chapter of the Cathedral Church of Christ in Oxford of the Foundation of King Henry the Eighth, The Rector and Scholars of Exeter College in the University of Oxford, The Warden and Scholars of the House or College of Scholars of Merton College in the University of Oxford ("Merton College") and The Chancellor Masters and Scholars of the University of Oxford ("University of Oxford"); Second Interested Party: Merton College and University of Oxford; Third Interested Party: Merton College
Jurisdiction
England and Wales
Judgment Date
30 July 2021
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Local Plans, Green Belt, Housing Need Assessment, Statutory Review, Exceptional Circumstances, National Planning Policy Framework, Affordable Housing, Procedural Fairness
Planning Law Administrative Law Public Law Local Plans Green Belt Housing Need Assessment Statutory Review Exceptional Circumstances +3 more

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Parties

Cherwell Development Watch Alliance

Claimant

Cherwell District Council

First Defendant

Secretary of State for Housing, Communities and Local Government

Second Defendant

The Dean and Chapter of the Cathedral Church of Christ in Oxford of the Foundation of King Henry the Eighth, The Rector and Scholars of Exeter College in the University of Oxford, The Warden and Scholars of the House or College of Scholars of Merton College in the University of Oxford ("Merton College") and The Chancellor Masters and Scholars of the University of Oxford ("University of Oxford")

First Interested Party

Merton College and University of Oxford

Second Interested Party

Merton College

Third Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Cherwell Inspector failed to take into account a material reduction in Oxford's housing need when justifying Green Belt release for housing allocation.
  2. 2 Whether the Inspector failed to properly consider evidence regarding the adequacy of the replacement golf course at Frieze Farm.

Ratio Decidendi

The Inspector did not err in law by failing to take into account the reduction in Oxford's housing need as a material consideration; he was entitled to rely on the conclusions of the Oxford Plan Inspectors and exercised a lawful planning judgment. The challenge to the adequacy of the replacement golf course was a disagreement on planning merits, not a legal error. No procedural or substantive error justifying quashing or remitting the Cherwell Plan was established.

Court Disposition

Claim dismissed

Orders

  • Application to quash or remit the Cherwell Local Plan Partial Review refused.
  • No order for relief.