Millwood Designer Homes Ltd v Secretary of State for Communities Housing and Local Government & Anor [2021] EWHC 3464 (Admin) (17 December 2021)

Millwood Designer Homes Ltd v Secretary of State for Communities Housing and Local Government & Anor [2021] EWHC 3464 (Admin) (17 December 2021)

The inspector failed to consider the likelihood of the school resuming operations as a material consideration, which should have been included in the balancing exercise between loss of recreational facility and benefits of development.

Source-derived case information.

Citation
[2021] EWHC 3464 (Admin)
Parties
Claimant: Millwood Designer Homes Ltd; First Defendant: Secretary of State for Communities Housing and Local Government; Second Defendant: Reigate and Banstead Council
Jurisdiction
England and Wales
Judgment Date
17 December 2021
Procedural Posture
Judicial Review / Judgment on Substantive Grounds
Outcome
Appeal allowed in part; decision remitted for reconsideration
Legal Topics
Loss of Recreational Facility, Interpretation of Planning Policy, Material Considerations in Planning Decisions
Planning Law Administrative Law Loss of Recreational Facility Interpretation of Planning Policy Material Considerations in Planning Decisions

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Parties

Millwood Designer Homes Ltd

Claimant

Secretary of State for Communities Housing and Local Government

First Defendant

Reigate and Banstead Council

Second Defendant

Procedural Posture

Judicial Review / Judgment on Substantive Grounds

Legal Issues

  1. 1 Whether the inspector erred in law by concluding inadequate marketing of the site without adjoining land
  2. 2 Whether the inspector failed to consider the likelihood of resumption of the recreational facility

Ratio Decidendi

The inspector failed to consider the likelihood of the school resuming operations as a material consideration, which should have been included in the balancing exercise between loss of recreational facility and benefits of development.

Court Disposition

Appeal allowed in part; decision remitted for reconsideration

Orders

  • The appeal is remitted for reconsideration by the Secretary of State, taking into account the likelihood of resumption of the recreational facility.
  • Draft order and any submissions to be filed within 14 days of hand down.