Wilson Connolly Ltd., R (on the application of) v First Secretary of State & Anor [2003] EWHC 3013 (Admin) (14 November 2003)

Wilson Connolly Ltd., R (on the application of) v First Secretary of State & Anor [2003] EWHC 3013 (Admin) (14 November 2003)

The Secretary of State lawfully took a broad view of housing supply and site availability based on the Urban Capacity Study and was not required to provide more detailed reasoning or site-specific analysis; the decision not to release the greenfield site for housing at this time was justified.

Citation
[2003] EWHC 3013 (Admin)
Parties
Claimant: Wilson Connolly Limited; First Defendant: First Secretary of State; Second Defendant: Swindon Borough Council
Jurisdiction
England and Wales
Judgment Date
14 November 2003
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Application dismissed
Legal Topics
Planning Permission, Development Plan, PPG3 Guidance, Urban Capacity Study, Housing Supply, Sequential Site Release
Administrative Law Planning Law Planning Permission Development Plan PPG3 Guidance Urban Capacity Study Housing Supply Sequential Site Release

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Parties

Wilson Connolly Limited

Claimant

First Secretary of State

First Defendant

Swindon Borough Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether Secretary of State's decision to refuse release of greenfield site for housing was lawful
  2. 2 Adequacy of reasons for differing from Inspector
  3. 3 Evidential basis for housing supply shortfall and site availability

Ratio Decidendi

The Secretary of State lawfully took a broad view of housing supply and site availability based on the Urban Capacity Study and was not required to provide more detailed reasoning or site-specific analysis; the decision not to release the greenfield site for housing at this time was justified.

Court Disposition

Application dismissed

Orders

  • Order for costs in the sum of £4,786 in favour of First Defendant