Robinson v Secretary of State for Communities And Local Government & Ors [2016] EWHC 634 (QB) (22 January 2016)

Robinson v Secretary of State for Communities And Local Government & Ors [2016] EWHC 634 (QB) (22 January 2016)

The Inspector made a legal error in treating certain out-of-date development plan policies as carrying no weight, but this error was not material to the outcome because the Inspector's reasoning showed that the protection of the countryside and strategic gaps was fully considered and the outcome would not have been different. There was no procedural unfairness in failing to provide updated housing land supply figures, as the new evidence was not uncontentious or objectively verifiable. The Inspector did not err in his approach to the site's value as a community facility, as the absence of formal arrangements for public use justified giving limited weight to this factor.

Citation
[2016] EWHC 634 (QB)
Parties
Claimant: Barbara Robinson; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Suffolk Coastal District Council; Interested Party: Withers Trust Corporation Limited
Jurisdiction
England and Wales
Judgment Date
22 January 2016
Procedural Posture
Section 288 Challenge Under the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Planning Appeals, Development Plan Interpretation, Housing Land Supply, Statutory Interpretation, Procedural Fairness, National Planning Policy Framework (nppf), Community Facilities, Open Space Policy
Administrative Law Planning Law Judicial Review Planning Appeals Development Plan Interpretation Housing Land Supply Statutory Interpretation Procedural Fairness +3 more

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Parties

Barbara Robinson

Claimant

Secretary of State for Communities and Local Government

First Defendant

Suffolk Coastal District Council

Second Defendant

Withers Trust Corporation Limited

Interested Party

Procedural Posture

Section 288 Challenge Under the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector's decision was procedurally unfair due to failure to provide updated housing land supply figures
  2. 2 Whether the Inspector erred in law in his approach to the statutory development plan and the weight given to out-of-date policies
  3. 3 Whether the Inspector failed to have regard to relevant policy as to the value of the site as a valued community facility under the NPPF

Ratio Decidendi

The Inspector made a legal error in treating certain out-of-date development plan policies as carrying no weight, but this error was not material to the outcome because the Inspector's reasoning showed that the protection of the countryside and strategic gaps was fully considered and the outcome would not have been different. There was no procedural unfairness in failing to provide updated housing land supply figures, as the new evidence was not uncontentious or objectively verifiable. The Inspector did not err in his approach to the site's value as a community facility, as the absence of formal arrangements for public use justified giving limited weight to this factor.

Court Disposition

Claim dismissed