Barrow Upon Soar Parish Council v Secretary of State for Communities & Local Government & Ors [2014] EWHC 274 (Admin) (19 February 2014)

Barrow Upon Soar Parish Council v Secretary of State for Communities & Local Government & Ors [2014] EWHC 274 (Admin) (19 February 2014)

The inspector was entitled to grant outline planning permission subject to conditions ensuring deliverability within a reasonable time; there was no irrationality or error of law. The Secretary of State was not obliged to seek further representations or reopen the inquiry as the Core Strategy carried little weight and Rule 17 was not triggered.

Citation
[2014] EWHC 274 (Admin)
Parties
Claimant: Barrow upon Soar Parish Council; First Defendant: Secretary of State for Communities & Local Government; Second Defendant: Charnwood Borough Council; Third Defendant: Jelson Limited (trading as Jelson Homes)
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Outline Planning Permission, Sustainable Development, Deliverability, Viability, Material Considerations, Procedural Fairness
Planning Law Administrative Law Outline Planning Permission Sustainable Development Deliverability Viability Material Considerations Procedural Fairness

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Parties

Barrow upon Soar Parish Council

Claimant

Secretary of State for Communities & Local Government

First Defendant

Charnwood Borough Council

Second Defendant

Jelson Limited (trading as Jelson Homes)

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector erred in finding realistic prospects of deliverability within a reasonable time under the NPPF
  2. 2 Whether failure to seek further representations after Core Strategy approval constituted irrationality or failure to consider material considerations

Ratio Decidendi

The inspector was entitled to grant outline planning permission subject to conditions ensuring deliverability within a reasonable time; there was no irrationality or error of law. The Secretary of State was not obliged to seek further representations or reopen the inquiry as the Core Strategy carried little weight and Rule 17 was not triggered.

Court Disposition

Claim dismissed