Crane v Secretary of State for Communities and Local Government & Anor [2015] EWHC 425 (Admin) (23 February 2015)

Crane v Secretary of State for Communities and Local Government & Anor [2015] EWHC 425 (Admin) (23 February 2015)

The Secretary of State lawfully concluded that the proposed development conflicted with the neighbourhood plan, which allocated specific sites for housing and did not envisage large-scale development on unallocated sites. The Secretary of State was entitled to give very substantial negative weight to this conflict, even though the plan's housing supply policies were out of date, and to conclude that the adverse impacts of the proposal, especially in terms of conflict with the neighbourhood plan, significantly and demonstrably outweighed the benefits. The decision was rational, adequately reasoned, and in accordance with the law and relevant policy.

Citation
[2015] EWHC 425 (Admin)
Parties
Claimant: Ivan Crane; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Harborough District Council
Jurisdiction
England and Wales
Judgment Date
23 February 2015
Procedural Posture
Judicial Review (planning) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Neighbourhood Planning, Development Plan Interpretation, Housing Land Supply, National Planning Policy Framework (nppf), Judicial Review of Planning Decisions
Administrative Law Planning Law Local Government Law Neighbourhood Planning Development Plan Interpretation Housing Land Supply National Planning Policy Framework (nppf) Judicial Review of Planning Decisions

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Parties

Ivan Crane

Claimant

Secretary of State for Communities and Local Government

First Defendant

Harborough District Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State erred in law in concluding that the proposed development conflicted with the Broughton Astley Neighbourhood Plan 2013-2028 and whether that conclusion was irrational or inadequately reasoned; whether the Secretary of State misinterpreted or misapplied government policy in the National Planning Policy Framework (NPPF) and whether his conclusions and reasons were lawful and rational.

Ratio Decidendi

The Secretary of State lawfully concluded that the proposed development conflicted with the neighbourhood plan, which allocated specific sites for housing and did not envisage large-scale development on unallocated sites. The Secretary of State was entitled to give very substantial negative weight to this conflict, even though the plan's housing supply policies were out of date, and to conclude that the adverse impacts of the proposal, especially in terms of conflict with the neighbourhood plan, significantly and demonstrably outweighed the benefits. The decision was rational, adequately reasoned, and in accordance with the law and relevant policy.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Secretary of State's decision refused
  • No order for costs specified in the judgment