Bovis Homes Ltd v Secretary of State for Communities and Local Government & Anor [2010] EWHC 3378 (Admin) (21 December 2010)

Bovis Homes Ltd v Secretary of State for Communities and Local Government & Anor [2010] EWHC 3378 (Admin) (21 December 2010)

The Inspector was entitled to require specific, methodologically sound housing needs information to justify departing from the default housing mix in emerging Policy 11. The Inspector's interpretation of the policy and the weight attached to it were within her planning judgment, and her reasons were adequate and lawful.

Citation
[2010] EWHC 3378 (Admin)
Parties
Claimant: Bovis Homes Limited; First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: East Northamptonshire District Council
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Judicial Review (planning Appeal) / High Court Appeal Under Section 288 Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Planning Permission, Emerging Policy Weight, Housing Mix Requirements, Judicial Review Grounds, Adequacy of Reasons
Administrative Law Planning Law Planning Permission Emerging Policy Weight Housing Mix Requirements Judicial Review Grounds Adequacy of Reasons

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Parties

Bovis Homes Limited

Claimant

The Secretary of State for Communities and Local Government

First Defendant

East Northamptonshire District Council

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Inspector failed to have regard to material considerations regarding housing mix policy
  2. 2 Whether the Inspector gave adequate and intelligible reasons for attaching weight to emerging planning policy

Ratio Decidendi

The Inspector was entitled to require specific, methodologically sound housing needs information to justify departing from the default housing mix in emerging Policy 11. The Inspector's interpretation of the policy and the weight attached to it were within her planning judgment, and her reasons were adequate and lawful.

Court Disposition

Appeal dismissed

Orders

  • The Inspector's decision is upheld; planning permission remains refused.