Wavendon Properties Ltdv Secretary of State of Housing Communities And Local Government & Anor [2019] EWHC 1524 (Admin) (14 June 2019)

Wavendon Properties Ltdv Secretary of State of Housing Communities And Local Government & Anor [2019] EWHC 1524 (Admin) (14 June 2019)

The court held that the Secretary of State erred in law by failing to apply the presumption in favour of sustainable development (the 'tilted balance') after finding that key policies were out-of-date, and failed to provide adequate reasons for his conclusions on housing land supply and density policy. The decision to refuse planning permission was therefore unlawful and quashed.

Citation
[2019] EWHC 1524 (Admin)
Parties
Claimant: Wavendon Properties Limited; 1st Defendant: Secretary of State of Housing Communities and Local Government; 2nd Defendant: Milton Keynes Council
Jurisdiction
England and Wales
Judgment Date
14 June 2019
Procedural Posture
Judicial Review (planning Statutory Challenge) / High Court Judgment
Outcome
Claim allowed; Secretary of State's decision quashed.
Legal Topics
Planning Permission, Housing Land Supply, Interpretation of Planning Policy, Presumption in Favour of Sustainable Development, Judicial Review of Planning Decisions
Administrative Law Planning Law Local Government Law Planning Permission Housing Land Supply Interpretation of Planning Policy Presumption in Favour of Sustainable Development Judicial Review of Planning Decisions

Case Brief

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Parties

Wavendon Properties Limited

Claimant

Secretary of State of Housing Communities and Local Government

1st Defendant

Milton Keynes Council

2nd Defendant

Procedural Posture

Judicial Review (planning Statutory Challenge) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State erred in law in refusing planning permission contrary to the Inspector's recommendation
  2. 2 Whether the presumption in favour of sustainable development (the 'tilted balance') applied
  3. 3 Whether the Secretary of State lawfully assessed housing land supply and deliverability

Ratio Decidendi

The court held that the Secretary of State erred in law by failing to apply the presumption in favour of sustainable development (the 'tilted balance') after finding that key policies were out-of-date, and failed to provide adequate reasons for his conclusions on housing land supply and density policy. The decision to refuse planning permission was therefore unlawful and quashed.

Court Disposition

Claim allowed; Secretary of State's decision quashed.

Orders

  • The Secretary of State's decision refusing planning permission is quashed.
  • The matter is remitted to the Secretary of State for redetermination in accordance with the law.