Villages Action Group & Anor v Secretary of State for Communities and Local Government & Ors [2015] EWHC 2729 (Admin) (07 October 2015)

Villages Action Group & Anor v Secretary of State for Communities and Local Government & Ors [2015] EWHC 2729 (Admin) (07 October 2015)

The Inspector was not required to refer to the draft Neighbourhood Plan or the school expansion issue in her decision because the Plan was at an early stage, minimal weight could be given to it, the school expansion issue was not a principal important controversial issue, and the relevant documents were not provided to her. There was no error of law or failure to give adequate reasons.

Citation
[2015] EWHC 2729 (Admin)
Parties
Claimant: Villages Action Group; Claimant: Michael Turner; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Arun District Council; Third Defendant: Hallam Land Management Limited; Fourth Defendant: John Frogatt; Fifth Defendant: Deborah Ann Frogatt
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Material Considerations in Planning Decisions, Emerging Neighbourhood Plans, Duty to Give Reasons, Judicial Review of Planning Decisions
Planning Law Administrative Law Judicial Review Material Considerations in Planning Decisions Emerging Neighbourhood Plans Duty to Give Reasons Judicial Review of Planning Decisions

Case Brief

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Parties

Villages Action Group

Claimant

Michael Turner

Claimant

Secretary of State for Communities and Local Government

First Defendant

Arun District Council

Second Defendant

Hallam Land Management Limited

Third Defendant

John Frogatt

Fourth Defendant

Deborah Ann Frogatt

Fifth Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred by failing to have regard to the emerging draft Aldingbourne Neighbourhood Plan as a material consideration
  2. 2 Whether the Inspector failed to give adequate reasons for dismissing concerns about restriction on future expansion of Aldingbourne Primary School

Ratio Decidendi

The Inspector was not required to refer to the draft Neighbourhood Plan or the school expansion issue in her decision because the Plan was at an early stage, minimal weight could be given to it, the school expansion issue was not a principal important controversial issue, and the relevant documents were not provided to her. There was no error of law or failure to give adequate reasons.

Court Disposition

Application dismissed

Orders

  • Claimants' application to quash the Inspector's decision is dismissed