Bovis Homes Ltd v Secretary of State for Communities and Local Government & Anor

Bovis Homes Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector was entitled to require specific housing needs information to justify a departure from the emerging policy's prescribed housing mix and was justified in giving considerable weight to the emerging policy, as it was unaffected by outstanding objections and no material information was excluded from consideration.

Parties
Claimant: Bovis Homes Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Northamptonshire District Council
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Judicial Review (planning) / Judgment on Appeal Under Section 288 of the Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Material Considerations in Planning Decisions, Weight of Emerging Policy, Adequacy of Reasons in Planning Decisions
Planning Law Administrative Law Public Law Material Considerations in Planning Decisions Weight of Emerging Policy Adequacy of Reasons in Planning Decisions

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Parties

Bovis Homes Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Northamptonshire District Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Appeal Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector failed to have regard to material considerations in relation to housing mix policy
  2. 2 Whether the Inspector gave adequate and intelligible reasons for her decision to give considerable weight to emerging policy

Ratio Decidendi

The Inspector was entitled to require specific housing needs information to justify a departure from the emerging policy's prescribed housing mix and was justified in giving considerable weight to the emerging policy, as it was unaffected by outstanding objections and no material information was excluded from consideration.

Court Disposition

Appeal dismissed