Trafford Metropolitan Borough Council v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 261 (Admin) (20 February 2026)

Trafford Metropolitan Borough Council v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 261 (Admin) (20 February 2026)

The Inspector failed to properly understand and apply the development plan policies requiring proportionate infrastructure contributions for the allocation as a whole, omitting consideration of whether a contribution should be required absent a Masterplan, and relying solely on national policy for highways impacts; this legal error vitiated the decision.

Citation
[2026] EWHC 261 (Admin)
Parties
Claimant: Trafford Metropolitan Borough Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Peel NRE Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2026
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed; claim for statutory review succeeds on Grounds 1, 2, 3 and 6; Grounds 4 and 5 fail.
Legal Topics
Planning Obligations, Development Plan Interpretation, Infrastructure Contributions, Statutory Review, Masterplan Requirements
Planning Law Administrative Law Planning Obligations Development Plan Interpretation Infrastructure Contributions Statutory Review Masterplan Requirements

Case Brief

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Parties

Trafford Metropolitan Borough Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Peel NRE Limited

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did the Inspector misunderstand or fail to properly apply development plan policies in PfE absent a Masterplan?
  2. 2 Was the Inspector's approach to highways impacts consistent with national and development plan policy?
  3. 3 Did the Inspector fail to address the necessity of a proportionate infrastructure contribution?

Ratio Decidendi

The Inspector failed to properly understand and apply the development plan policies requiring proportionate infrastructure contributions for the allocation as a whole, omitting consideration of whether a contribution should be required absent a Masterplan, and relying solely on national policy for highways impacts; this legal error vitiated the decision.

Court Disposition

Decision quashed; claim for statutory review succeeds on Grounds 1, 2, 3 and 6; Grounds 4 and 5 fail.

Orders

  • The Inspector's decision letter is quashed.
  • Permission to proceed with the claim was previously granted on all grounds.