Crane v Secretary of State for Communities and Local Government & Anor

The Secretary of State lawfully found conflict between the proposed development and the neighbourhood plan, correctly interpreted and applied relevant policies, and rationally gave substantial negative weight to the conflict, outweighing the benefits of increased housing supply. The challenge failed on all grounds.

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 / Final Judgment
Outcome: Application dismissed
Legal Topics: Neighbourhood Planning, Development Plan, National Planning Policy Framework, Localism, Housing Supply, Statutory Interpretation

Planning Law Administrative Law Neighbourhood Planning Development Plan National Planning Policy Framework Localism Housing Supply Statutory Interpretation

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 4

Parties

Ivan Crane

Claimant

Secretary of State for Communities and Local Government

First Defendant

Harborough District Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Secretary of State erred in law in concluding the proposed development conflicted with the Broughton Astley Neighbourhood Plan
2 Whether the Secretary of State misinterpreted or misapplied government policy in the National Planning Policy Framework
3 Whether the Secretary of State's reasons were lawful and rational

Ratio Decidendi

Court Disposition

Application dismissed