Barrow Upon Soar Parish Council v Secretary of State for Communities & Local Government & Ors

Barrow Upon Soar Parish Council v Secretary of State for Communities & Local Government & Ors

The inspector did not err in law in concluding there was a realistic prospect of substantial delivery of housing within a reasonable time, and the imposition of conditions regarding sewage disposal was proper. The Secretary of State was not required to seek further representations or reopen the inquiry after the adoption of the new Core Strategy, as it was not a new material consideration and was given little weight. Both grounds of challenge fail.

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 / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Outline Planning Permission, Sustainable Development, Deliverability of Housing Sites, Procedural Fairness, Material Considerations in Planning, Burden of Proof in Planning Applications
Planning Law Administrative Law Outline Planning Permission Sustainable Development Deliverability of Housing Sites Procedural Fairness Material Considerations in Planning Burden of Proof in Planning Applications

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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 / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the inspector erred in law regarding deliverability of the proposed development within a reasonable time
  2. 2 Whether failure to seek further representations after adoption of a new Core Strategy was irrational or a failure to consider a material consideration

Ratio Decidendi

The inspector did not err in law in concluding there was a realistic prospect of substantial delivery of housing within a reasonable time, and the imposition of conditions regarding sewage disposal was proper. The Secretary of State was not required to seek further representations or reopen the inquiry after the adoption of the new Core Strategy, as it was not a new material consideration and was given little weight. Both grounds of challenge fail.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.