Baroness Cumberlege of Newick & Anor v Secretary of State for Communities And Local Government & Anor [2017] EWHC 2057 (Admin) (04 August 2017)

Baroness Cumberlege of Newick & Anor v Secretary of State for Communities And Local Government & Anor [2017] EWHC 2057 (Admin) (04 August 2017)

The Secretary of State's failure to take into account his own prior decision in the Ringmer case regarding the status of Policy CT1 was an error of law. The Ringmer decision was obviously material to the Newick appeal and required direct consideration and, if departed from, reasons for doing so. The Secretary of State conceded this error, and the decision must be quashed.

Citation
[2017] EWHC 2057 (Admin)
Parties
Claimant: Baroness Cumberlege of Newick; Claimant: Patrick Cumberlege; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: DLA Delivery Limited
Jurisdiction
England and Wales
Judgment Date
04 August 2017
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Application allowed; decision quashed
Legal Topics
Material Considerations in Planning Decisions, Consistency in Administrative Decision Making, Judicial Review of Planning Decisions, Interpretation of Development Plan Policies
Administrative Law Planning Law Public Law Material Considerations in Planning Decisions Consistency in Administrative Decision Making Judicial Review of Planning Decisions Interpretation of Development Plan Policies

Case Brief

Summary, issues, holding and outcome

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Parties

Baroness Cumberlege of Newick

Claimant

Patrick Cumberlege

Claimant

Secretary of State for Communities and Local Government

First Defendant

DLA Delivery Limited

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State's failure to consider his own prior decision regarding Policy CT1 constituted a material error of law
  2. 2 Whether the Secretary of State was required to give reasons for departing from his earlier finding that Policy CT1 was up-to-date
  3. 3 Whether the Secretary of State made a material error regarding the Ashdown Forest SPA/SAC protection zone

Ratio Decidendi

The Secretary of State's failure to take into account his own prior decision in the Ringmer case regarding the status of Policy CT1 was an error of law. The Ringmer decision was obviously material to the Newick appeal and required direct consideration and, if departed from, reasons for doing so. The Secretary of State conceded this error, and the decision must be quashed.

Court Disposition

Application allowed; decision quashed

Orders

  • The Secretary of State's decision granting planning permission is quashed.