Westerleigh Group Ltd v Secretary of State for Communities and Local Government & Ors

Westerleigh Group Ltd v Secretary of State for Communities and Local Government & Ors

The Inspector and Inspectorate applied the published criteria with common sense and planning judgment, and were not unreasonable or irrational in determining the appeal by written representations; there was no obligation to consider alternative sites as the proposal did not give rise to significant adverse effects.

Parties
Claimant: Westerleigh Group Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Blaby District Council; Third Defendant: Memoria Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Planning Appeals, Procedural Fairness, Alternative Sites in Planning, Written Representations Procedure
Administrative Law Planning Law Planning Appeals Procedural Fairness Alternative Sites in Planning Written Representations Procedure

Case Brief

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Parties

Westerleigh Group Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Blaby District Council

Second Defendant

Memoria Limited

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by determining the appeal under the written representations procedure
  2. 2 Whether the Inspector acted unlawfully in his consideration of preferable alternative sites for development

Ratio Decidendi

The Inspector and Inspectorate applied the published criteria with common sense and planning judgment, and were not unreasonable or irrational in determining the appeal by written representations; there was no obligation to consider alternative sites as the proposal did not give rise to significant adverse effects.

Court Disposition

Claim dismissed

Orders

  • No order quashing the Inspector’s decision
  • If an order can be agreed, no need for attendance by Counsel