Save the Fox and Hounds Campaign Ltd v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 4 (Admin) (13 January 2026)

Save the Fox and Hounds Campaign Ltd v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 4 (Admin) (13 January 2026)

The Inspector did not err in proceeding by written representations as both the appellant and local planning authority agreed to this mode, and the Inspector considered the requests for a hearing or inquiry. There was no statutory or policy duty to provide reasons for the procedural choice in these circumstances. The Inspector also considered the relevant material on viability, including offers to purchase the pub, and was not shown to have disregarded material considerations. The claim is dismissed.

Citation
[2026] EWHC 4 (Admin)
Parties
Claimant: SAVE THE FOX AND HOUNDS CAMPAIGN LTD; First Defendant: SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT; Second Defendant: STRATFORD ON AVON DISTRICT COUNCIL; Third Defendants: STEPHEN CHARLES ALLELY AND JACKIE HARDING
Jurisdiction
England and Wales
Judgment Date
13 January 2026
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment Following Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Planning Appeals Procedure, Duty to Give Reasons, Viability of Community Assets, Procedural Fairness, Section 288 TCPA Challenges
Administrative Law Planning Law Judicial Review Planning Appeals Procedure Duty to Give Reasons Viability of Community Assets Procedural Fairness Section 288 TCPA Challenges

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Parties

SAVE THE FOX AND HOUNDS CAMPAIGN LTD

Claimant

SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

First Defendant

STRATFORD ON AVON DISTRICT COUNCIL

Second Defendant

STEPHEN CHARLES ALLELY AND JACKIE HARDING

Third Defendants

Procedural Posture

Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment Following Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector erred in proceeding by written representations rather than a hearing or inquiry
  2. 2 Whether the Inspector failed to have regard to material considerations, specifically offers to purchase the pub as a going concern

Ratio Decidendi

The Inspector did not err in proceeding by written representations as both the appellant and local planning authority agreed to this mode, and the Inspector considered the requests for a hearing or inquiry. There was no statutory or policy duty to provide reasons for the procedural choice in these circumstances. The Inspector also considered the relevant material on viability, including offers to purchase the pub, and was not shown to have disregarded material considerations. The claim is dismissed.

Court Disposition

Claim dismissed