Westminster City Council v Secretary of State for Communities and Local Government & Anor [2013] EWHC 690 (Admin) (27 March 2013)

Westminster City Council v Secretary of State for Communities and Local Government & Anor [2013] EWHC 690 (Admin) (27 March 2013)

The inspector erred in law by treating a unilateral undertaking as a valid section 106 planning obligation when it did not meet statutory requirements, and by failing to identify exceptional circumstances as required by policy TRANS23 to justify the loss of off-street parking; the decision must be quashed.

Citation
[2013] EWHC 690 (Admin)
Parties
Claimant: Westminster City Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Mrs. Marilyn Acons
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Judicial Review / High Court Judgment on Application to Quash Planning Inspector's Decision
Outcome
Claim allowed; decision quashed
Legal Topics
Planning Obligations, Section 106 Agreements, Local Authority Planning Policy, Judicial Review, Adequacy of Reasons, Interpretation of Planning Policy
Administrative Law Planning Law Planning Obligations Section 106 Agreements Local Authority Planning Policy Judicial Review Adequacy of Reasons Interpretation of Planning Policy

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Parties

Westminster City Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Mrs. Marilyn Acons

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector erred in law by treating a unilateral undertaking as a valid section 106 planning obligation
  2. 2 Whether the inspector failed to provide adequate reasons and misapplied local planning policy TRANS23

Ratio Decidendi

The inspector erred in law by treating a unilateral undertaking as a valid section 106 planning obligation when it did not meet statutory requirements, and by failing to identify exceptional circumstances as required by policy TRANS23 to justify the loss of off-street parking; the decision must be quashed.

Court Disposition

Claim allowed; decision quashed

Orders

  • The decision of the planning inspector dated 31 October 2011 is quashed.