Jelson Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2979 (Admin) (22 November 2016)

Jelson Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2979 (Admin) (22 November 2016)

The Inspector lawfully exercised her planning judgment in adopting the SHMA range for FOAN, provided adequate reasons, and did not misapply the NPPF or relevant case law. The approach to FOAN was rational and consistent with established legal principles. The challenge to the Inspector's decision fails.

Citation
[2016] EWHC 2979 (Admin)
Parties
Claimant: Jelson Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Hinckley and Bosworth Borough Council
Jurisdiction
England and Wales
Judgment Date
22 November 2016
Procedural Posture
Statutory Application Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Objectively Assessed Need (foan), National Planning Policy Framework (nppf), Housing Land Supply, Statutory Appeals, Planning Policy Interpretation
Administrative Law Planning Law Local Government Law Objectively Assessed Need (foan) National Planning Policy Framework (nppf) Housing Land Supply Statutory Appeals Planning Policy Interpretation

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Parties

Jelson Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Hinckley and Bosworth Borough Council

Second Defendant

Procedural Posture

Statutory Application Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector misapplied the requirements of paragraph 47 NPPF regarding FOAN
  2. 2 Whether the Inspector misunderstood or failed to apply principles from Hunston and Gallagher cases
  3. 3 Whether the Inspector gave adequate reasons for her conclusions on five year housing supply

Ratio Decidendi

The Inspector lawfully exercised her planning judgment in adopting the SHMA range for FOAN, provided adequate reasons, and did not misapply the NPPF or relevant case law. The approach to FOAN was rational and consistent with established legal principles. The challenge to the Inspector's decision fails.

Court Disposition

Claim dismissed

Orders

  • Application under section 288 TCPA 1990 dismissed
  • Inspector's decision refusing planning permission upheld