Keep Chiswell Green v Secretary of State for Levelling Up, Housing and Communities & Ors

Keep Chiswell Green v Secretary of State for Levelling Up, Housing and Communities & Ors

The claim was dismissed because the claimant failed to raise the Arup Review as a material consideration before the Inspector or Secretary of State, contrary to established procedural principles. The Arup Review was not a mandatory material consideration as it was not relied upon by any party, was untested, and did not address the determinative issues in the appeals. The Secretary of State acted rationally in not making further inquiry or considering the Arup Review. No reasons were required for not preferring the Arup Review over the SKM Review, as it was not a principal controversial issue.

Parties
Claimant: Keep Chiswell Green; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: CALA Homes (Chiltern) Limited; Third Defendant: Headlands Way Limited; Fourth Defendant: St Albans City and District Council
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Statutory Review (section 288 Town and Country Planning Act 1990) / Judgment on Application for Statutory Review
Outcome
Application for statutory review dismissed
Legal Topics
Material Considerations in Planning, Green Belt Policy, Statutory Review Procedure, Duty of Inquiry, Emerging Local Plans
Planning Law Administrative Law Judicial Review Material Considerations in Planning Green Belt Policy Statutory Review Procedure Duty of Inquiry Emerging Local Plans

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Parties

Keep Chiswell Green

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

CALA Homes (Chiltern) Limited

Second Defendant

Headlands Way Limited

Third Defendant

St Albans City and District Council

Fourth Defendant

Procedural Posture

Statutory Review (section 288 Town and Country Planning Act 1990) / Judgment on Application for Statutory Review

Legal Issues

  1. 1 Whether the Secretary of State unlawfully failed to have regard to the Arup Green Belt Review as a material consideration in determining planning appeals
  2. 2 Whether the Secretary of State failed to make sufficient inquiry regarding the Arup Review
  3. 3 Whether the claimant was procedurally barred from raising new material not placed before the decision-maker

Ratio Decidendi

The claim was dismissed because the claimant failed to raise the Arup Review as a material consideration before the Inspector or Secretary of State, contrary to established procedural principles. The Arup Review was not a mandatory material consideration as it was not relied upon by any party, was untested, and did not address the determinative issues in the appeals. The Secretary of State acted rationally in not making further inquiry or considering the Arup Review. No reasons were required for not preferring the Arup Review over the SKM Review, as it was not a principal controversial issue.

Court Disposition

Application for statutory review dismissed