Wiltshire Council v Secretary of State for Communities and Local Government & Ors [2015] EWHC 1261 (Admin) (05 April 2015)

Wiltshire Council v Secretary of State for Communities and Local Government & Ors [2015] EWHC 1261 (Admin) (05 April 2015)

In Appeal A, the final report on the emerging Wiltshire Core Strategy was a material consideration because it resolved objections to the housing requirement figure and could have affected the inspector's assessment of housing need, a main issue in the appeal. The inspector was not given the opportunity to consider it due to administrative failure by the Planning Inspectorate. There was a real possibility that consideration of the report might have led to a different outcome. In Appeal B, although the inspector erred in not considering the report, housing need was a subsidiary issue and there was no real possibility it would have affected the outcome, so the decision should not be quashed.

Citation
[2015] EWHC 1261 (Admin)
Parties
Claimant: Wiltshire Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant (co/416/2015): Heron Land Developments Limited; Third Defendant (co/416/2015): Gallagher UK Limited; Fourth Defendant (co/416/2015): Gallagher Estates Limited; Second Defendant (co/627/2015): Mr S Cooper
Jurisdiction
England and Wales
Judgment Date
05 April 2015
Procedural Posture
Judicial Review (planning) / High Court Judgment on Applications to Quash Planning Appeal Decisions
Outcome
Appeal A: Decision quashed. Appeal B: Claim dismissed.
Legal Topics
Material Considerations in Planning, Judicial Review Under S.288 TCPA 1990, Housing Land Supply, Procedural Fairness, Emerging Development Plans
Administrative Law Planning Law Material Considerations in Planning Judicial Review Under S.288 TCPA 1990 Housing Land Supply Procedural Fairness Emerging Development Plans

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Wiltshire Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Heron Land Developments Limited

Second Defendant (co/416/2015)

Gallagher UK Limited

Third Defendant (co/416/2015)

Gallagher Estates Limited

Fourth Defendant (co/416/2015)

Mr S Cooper

Second Defendant (co/627/2015)

Procedural Posture

Judicial Review (planning) / High Court Judgment on Applications to Quash Planning Appeal Decisions

Legal Issues

  1. 1 Whether the Planning Inspectors failed to consider a material consideration (the final report on the emerging Wiltshire Core Strategy) in determining planning appeals.
  2. 2 Whether such failure justified quashing the appeal decisions.

Ratio Decidendi

In Appeal A, the final report on the emerging Wiltshire Core Strategy was a material consideration because it resolved objections to the housing requirement figure and could have affected the inspector's assessment of housing need, a main issue in the appeal. The inspector was not given the opportunity to consider it due to administrative failure by the Planning Inspectorate. There was a real possibility that consideration of the report might have led to a different outcome. In Appeal B, although the inspector erred in not considering the report, housing need was a subsidiary issue and there was no real possibility it would have affected the outcome, so the decision should not be quashed.

Court Disposition

Appeal A: Decision quashed. Appeal B: Claim dismissed.

Orders

  • The decision letter in Appeal A (CO/416/2015) is quashed and the matter remitted for redetermination.
  • The claim in Appeal B (CO/627/2015) is dismissed.