Waverley Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor

Waverley Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor

The Inspector lawfully considered and gave adequate reasons for his assessment of the relationship between the development and the Surrey Hills National Landscape, applying the correct policy test and exercising planning judgment. There was no failure to take into account a material consideration or to give reasons.

Parties
Claimant: Waverley Borough Council; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Sigma Homes Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Judicial Review (planning) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Material Considerations in Planning, National Planning Policy Framework (nppf), Development Plan Policies, Landscape Protection, Judicial Review of Planning Decisions
Planning Law Administrative Law Material Considerations in Planning National Planning Policy Framework (nppf) Development Plan Policies Landscape Protection Judicial Review of Planning Decisions

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Parties

Waverley Borough Council

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Sigma Homes Limited

Second Defendant

Procedural Posture

Judicial Review (planning) / Final Judgment

Legal Issues

  1. 1 Whether the Planning Inspector failed to take into account a material consideration regarding the impact of the development on the Surrey Hills National Landscape (SHNL) via its setting
  2. 2 Whether the Inspector gave adequate reasons for his conclusions

Ratio Decidendi

The Inspector lawfully considered and gave adequate reasons for his assessment of the relationship between the development and the Surrey Hills National Landscape, applying the correct policy test and exercising planning judgment. There was no failure to take into account a material consideration or to give reasons.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.