Wiltshire Council v Secretary of State for Communities and Local Government & Ors

Wiltshire Council v Secretary of State for Communities and Local Government & Ors

The EWCS inspector's final report was a material consideration in Appeal A, affecting the housing requirement figure and potentially the assessment of housing need. The failure by PINS to forward the report to the appeal inspector deprived the inspector of the opportunity to consider it, resulting in a legal error. There was a real possibility the outcome might have been different, and the claimant suffered prejudice. In Appeal B, the housing supply issue was subsidiary and the omission did not affect the outcome; thus, the decision was not quashed.

Parties
Claimant: Wiltshire Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Heron Land Developments Limited; Third Defendant: Gallagher UK Limited; Fourth Defendant: Gallagher Estates Limited; Second Defendant (co/627/2015): Mr S Cooper
Jurisdiction
England and Wales
Judgment Date
05 April 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Appeal A: Decision quashed; Appeal B: Challenge dismissed
Legal Topics
Material Considerations, Judicial Review, Planning Appeals, Housing Supply, Development Plan, Procedural Fairness
Administrative Law Planning Law Material Considerations Judicial Review Planning Appeals Housing Supply Development Plan Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Wiltshire Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Heron Land Developments Limited

Second Defendant

Gallagher UK Limited

Third Defendant

Gallagher Estates Limited

Fourth Defendant

Mr S Cooper

Second Defendant (co/627/2015)

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the inspector failed to consider a material consideration (EWCS inspector's report) in planning appeals
  2. 2 Whether omission to consider the EWCS report was a legal error justifying quashing the decision
  3. 3 Whether the claimant suffered prejudice from the omission

Ratio Decidendi

The EWCS inspector's final report was a material consideration in Appeal A, affecting the housing requirement figure and potentially the assessment of housing need. The failure by PINS to forward the report to the appeal inspector deprived the inspector of the opportunity to consider it, resulting in a legal error. There was a real possibility the outcome might have been different, and the claimant suffered prejudice. In Appeal B, the housing supply issue was subsidiary and the omission did not affect the outcome; thus, the decision was not quashed.

Court Disposition

Appeal A: Decision quashed; Appeal B: Challenge dismissed

Orders

  • The decision letter in Appeal A is quashed and the application will be re-determined.
  • The challenge to Appeal B fails; the decision stands.