Royal Borough of Kensington And Chelsea v The Secretary of State for Communities And Local Government [2017] EWHC 1703 (Admin) (13 July 2017)

Royal Borough of Kensington And Chelsea v The Secretary of State for Communities And Local Government [2017] EWHC 1703 (Admin) (13 July 2017)

The inspector's mistake of fact in double-counting vacant units returning to use played a material part in the reasoning and decision, resulting in unfairness; therefore, the Secretary of State's decision must be quashed.

Citation
[2017] EWHC 1703 (Admin)
Parties
Claimant: The Royal Borough of Kensington and Chelsea; First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: Charles Noell
Jurisdiction
England and Wales
Judgment Date
13 July 2017
Procedural Posture
Judicial Review (section 288 TCPA 1990) / High Court Judgment
Outcome
Application allowed; decision quashed
Legal Topics
Mistake of Fact in Planning Decisions, Housing Land Supply Calculation, Judicial Review of Planning Inspector Decisions, Section 288 Town and Country Planning Act 1990
Planning Law Administrative Law Mistake of Fact in Planning Decisions Housing Land Supply Calculation Judicial Review of Planning Inspector Decisions Section 288 Town and Country Planning Act 1990

Case Brief

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Parties

The Royal Borough of Kensington and Chelsea

Claimant

The Secretary of State for Communities and Local Government

First Defendant

Charles Noell

Second Defendant

Procedural Posture

Judicial Review (section 288 TCPA 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the planning inspector made a material mistake of fact in calculating housing land supply by double-counting vacant units returning to use
  2. 2 Whether the inspector made a further mistake of fact by double-counting recent planning permissions in the housing supply assessment

Ratio Decidendi

The inspector's mistake of fact in double-counting vacant units returning to use played a material part in the reasoning and decision, resulting in unfairness; therefore, the Secretary of State's decision must be quashed.

Court Disposition

Application allowed; decision quashed

Orders

  • The Secretary of State's decision of 17 January 2017 is quashed.