JG Ipswich Llp v Secretary of State for Communities and Local Government & Anor [2009] EWHC 91 (Admin) (27 January 2009)

JG Ipswich Llp v Secretary of State for Communities and Local Government & Anor [2009] EWHC 91 (Admin) (27 January 2009)

The Secretary of State was entitled to conclude that the developer had not demonstrated the non-viability of the site for employment-related uses as required by local plan policy EM 24. The decision was not irrational, reasons were adequate, and all relevant considerations including job creation were properly weighed. The application for judicial review is dismissed.

Citation
[2009] EWHC 91 (Admin)
Parties
Claimant: J G Ipswich LLP; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Babergh District Council
Jurisdiction
England and Wales
Judgment Date
27 January 2009
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Application dismissed
Legal Topics
Planning Permission, Development Plans, Employment Land, Viability Assessment, Judicial Review, Local Government Policy
Planning Law Administrative Law Planning Permission Development Plans Employment Land Viability Assessment Judicial Review Local Government Policy

Case Brief

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Parties

J G Ipswich LLP

Claimant

Secretary of State for Communities and Local Government

First Defendant

Babergh District Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State's refusal of planning permission was lawful
  2. 2 Whether the site was demonstrated to be non-viable for employment-related uses under local plan policy EM 24
  3. 3 Whether the Secretary of State gave adequate reasons for her decision

Ratio Decidendi

The Secretary of State was entitled to conclude that the developer had not demonstrated the non-viability of the site for employment-related uses as required by local plan policy EM 24. The decision was not irrational, reasons were adequate, and all relevant considerations including job creation were properly weighed. The application for judicial review is dismissed.

Court Disposition

Application dismissed

Orders

  • Application under section 288 Town and Country Planning Act 1990 dismissed
  • Developer to pay Secretary of State's costs, subject to detailed assessment if not agreed