Cheshire East Borough Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 892 (Admin) (20 March 2013)

Cheshire East Borough Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 892 (Admin) (20 March 2013)

The Inspector was entitled to give the IPP only limited weight as it was a temporary, informal policy not part of the statutory development plan and had not undergone the statutory process. The Inspector's interpretation of the NPPF, including the buffer in the five-year supply calculation for both plan-making and decision-taking, was correct. Both grounds of challenge were unarguable.

Citation
[2013] EWHC 892 (Admin)
Parties
Claimant: Cheshire East Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Norman Dale; Third Defendant: Mrs Mildred Dale
Jurisdiction
England and Wales
Judgment Date
20 March 2013
Procedural Posture
Judicial Review (planning) / Final Judgment on Applications to Amend, Strike Out, and for Summary Judgment
Outcome
Claim dismissed; application to amend refused; claim struck out; cross-application for summary judgment dismissed.
Legal Topics
Planning Permission, Housing Land Supply, Judicial Review, Weight of Planning Policy, Interpretation of National Planning Policy Framework (nppf), Prematurity in Planning Decisions, Costs in Planning Litigation
Administrative Law Planning Law Local Government Law Planning Permission Housing Land Supply Judicial Review Weight of Planning Policy Interpretation of National Planning Policy Framework (nppf) +2 more

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Parties

Cheshire East Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Norman Dale

Second Defendant

Mrs Mildred Dale

Third Defendant

Procedural Posture

Judicial Review (planning) / Final Judgment on Applications to Amend, Strike Out, and for Summary Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by giving only limited weight to the Interim Planning Policy (IPP) adopted by the Council
  2. 2 Whether the Inspector misunderstood or misapplied national guidance regarding the calculation of five-year housing land supply and buffer under the NPPF

Ratio Decidendi

The Inspector was entitled to give the IPP only limited weight as it was a temporary, informal policy not part of the statutory development plan and had not undergone the statutory process. The Inspector's interpretation of the NPPF, including the buffer in the five-year supply calculation for both plan-making and decision-taking, was correct. Both grounds of challenge were unarguable.

Court Disposition

Claim dismissed; application to amend refused; claim struck out; cross-application for summary judgment dismissed.

Orders

  • Claimant to pay Secretary of State's costs in the agreed sum of £19,158.91.
  • Claimant to pay 75% of the Second and Third Defendants' costs, limited to costs incurred up to 12 March 2013, subject to detailed assessment if not agreed.