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

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

The Inspector's approach to calculating FOAN was rational, evidence-based, and within her margin of planning judgment. She properly rejected the 980 dpa figure as impractical and not demographically justified, and her reliance on the SHMA and other evidence was lawful. The Inspector gave adequate reasons for her decision, including on the section 106 police contribution, and did not misapply the law or fail to consider relevant evidence.

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
Application dismissed
Legal Topics
Objectively Assessed Need (foan), National Planning Policy Framework (nppf), Local Plans, Affordable Housing, Section 106 Contributions, Community Infrastructure Levy Regulations
Planning Law Administrative Law Objectively Assessed Need (foan) National Planning Policy Framework (nppf) Local Plans Affordable Housing Section 106 Contributions Community Infrastructure Levy Regulations

Case Brief

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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 erred in calculating the Full Objectively Assessed Need (FOAN) for housing under the NPPF
  2. 2 Whether the Inspector failed to give proper reasons or misunderstood the relevant legal principles in assessing FOAN
  3. 3 Whether the Inspector failed to properly address section 106 contributions to Leicestershire Police under the Community Infrastructure Levy Regulations

Ratio Decidendi

The Inspector's approach to calculating FOAN was rational, evidence-based, and within her margin of planning judgment. She properly rejected the 980 dpa figure as impractical and not demographically justified, and her reliance on the SHMA and other evidence was lawful. The Inspector gave adequate reasons for her decision, including on the section 106 police contribution, and did not misapply the law or fail to consider relevant evidence.

Court Disposition

Application dismissed