Leelamb Homes Ltd v Secretary of State for Communities and Local Government

Leelamb Homes Ltd v Secretary of State for Communities and Local Government

The Inspector failed to take into account material provisions in the section 106 obligation restricting occupation of market bungalows to persons in need of care and support, which was a material consideration affecting the application of local plan policies and the balancing exercise under section 38(6) of the 2004 Act. This omission rendered the decision unlawful and required it to be quashed.

Parties
Claimant: Leelamb Homes Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Maldon District Council
Jurisdiction
England and Wales
Judgment Date
09 July 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Decision quashed and remitted for re-determination.
Legal Topics
Planning Permission, Use Classes Order, Section 106 Obligations, Legitimate Expectation, Affordable Housing
Administrative Law Planning Law Planning Permission Use Classes Order Section 106 Obligations Legitimate Expectation Affordable Housing

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Parties

Leelamb Homes Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Maldon District Council

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Inspector failed to take into account material considerations in the section 106 obligation
  2. 2 Whether the Inspector misapplied the Use Classes Order in classifying the proposed development
  3. 3 Whether there was a legitimate expectation regarding consideration of amended section 106 obligations

Ratio Decidendi

The Inspector failed to take into account material provisions in the section 106 obligation restricting occupation of market bungalows to persons in need of care and support, which was a material consideration affecting the application of local plan policies and the balancing exercise under section 38(6) of the 2004 Act. This omission rendered the decision unlawful and required it to be quashed.

Court Disposition

Decision quashed and remitted for re-determination.

Orders

  • Decision of the Inspector quashed.
  • Matter remitted to the Secretary of State for re-determination.