Westmorland Motorway Services Ltd. v Secretary of State for Transport, [2002] EWHC 847 (Admin) (29th April, 2002)

Westmorland Motorway Services Ltd. v Secretary of State for Transport, [2002] EWHC 847 (Admin) (29th April, 2002)

The inspector failed to give adequate and intelligible reasons for adopting the council's viability test (VT2) and for rejecting or failing to consider the alternative viability test (VT3). The inspector's reasoning on viability was obscure and did not enable the informed reader to understand why the claimant's case was rejected. This failure to properly address the principal issue in dispute rendered the decision unlawful and required it to be quashed.

Citation
[2002] EWHC 847 (Admin)
Parties
Claimant: Westmorland Motorway Services Limited; First Defendant: Secretary of State for Transport, Local Government and the Regions; Second Defendant: Eden District Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application Under Section 288 Town and Country Planning Act 1990
Outcome
Application allowed; inspector's decision quashed.
Legal Topics
Planning Permission, Judicial Review, Viability Assessment, Retail Development, Town Centre Policy, Adequacy of Reasons, Enabling Development
Planning Law Administrative Law Planning Permission Judicial Review Viability Assessment Retail Development Town Centre Policy Adequacy of Reasons +1 more

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Parties

Westmorland Motorway Services Limited

Claimant

Secretary of State for Transport, Local Government and the Regions

First Defendant

Eden District Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application Under Section 288 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the inspector failed to give adequate reasons for rejecting the claimant's viability case
  2. 2 Whether the inspector failed to consider or give reasons for rejecting alternative viability tests
  3. 3 Whether the inspector failed to explain or properly consider the consequences of closure of the Rheged Centre

Ratio Decidendi

The inspector failed to give adequate and intelligible reasons for adopting the council's viability test (VT2) and for rejecting or failing to consider the alternative viability test (VT3). The inspector's reasoning on viability was obscure and did not enable the informed reader to understand why the claimant's case was rejected. This failure to properly address the principal issue in dispute rendered the decision unlawful and required it to be quashed.

Court Disposition

Application allowed; inspector's decision quashed.

Orders

  • Inspector's decision quashed under section 288 Town and Country Planning Act 1990.
  • Costs to follow the event, subject to detailed assessment if not agreed.