Verdin (t/a the Darnhall Estate) v The Secretary of State for Communities and Local Government & Ors

Verdin (t/a the Darnhall Estate) v The Secretary of State for Communities and Local Government & Ors

The Secretary of State's reasons for rejecting the proposed conditions on training and employment, local builders, and local procurement were inadequate and/or irrational. The Secretary of State failed to provide sufficient explanation for concluding that the conditions lacked precision, were unenforceable, or unreasonable, especially given the absence of evidence or objection from the local authority and the acceptance of similar conditions in other decisions. This inadequacy of reasons substantially prejudiced the Claimant and rendered the decision unlawful. Other grounds of challenge failed.

Parties
Claimant: Richard James Verdin (t/a The Darnhall Estate); First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: Cheshire West and Chester Borough Council; Interested Party: Winsford Town Council
Jurisdiction
England and Wales
Judgment Date
10 August 2017
Procedural Posture
Judicial Review/statutory Challenge (planning) / High Court Judgment
Outcome
Claim allowed in part; decision quashed.
Legal Topics
Planning Permission, Planning Conditions, Sustainable Development, Neighbourhood Plans, Statutory Challenge Under Section 288 Town and Country Planning Act 1990, Adequacy of Reasons, Enforceability of Planning Conditions, Local Economic Benefits, Consistency in Decision Making
Planning and Environment Law Administrative Law Judicial Review Planning Permission Planning Conditions Sustainable Development Neighbourhood Plans Statutory Challenge Under Section 288 Town and Country Planning Act 1990 +4 more

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Parties

Richard James Verdin (t/a The Darnhall Estate)

Claimant

The Secretary of State for Communities and Local Government

First Defendant

Cheshire West and Chester Borough Council

Second Defendant

Winsford Town Council

Interested Party

Procedural Posture

Judicial Review/statutory Challenge (planning) / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State lawfully rejected proposed planning conditions relating to training and employment, local builders, and local procurement;
  2. 2 Whether adequate reasons were given for rejecting those conditions;
  3. 3 Whether the decision was irrational or inadequately reasoned under established legal principles;

Ratio Decidendi

The Secretary of State's reasons for rejecting the proposed conditions on training and employment, local builders, and local procurement were inadequate and/or irrational. The Secretary of State failed to provide sufficient explanation for concluding that the conditions lacked precision, were unenforceable, or unreasonable, especially given the absence of evidence or objection from the local authority and the acceptance of similar conditions in other decisions. This inadequacy of reasons substantially prejudiced the Claimant and rendered the decision unlawful. Other grounds of challenge failed.

Court Disposition

Claim allowed in part; decision quashed.

Orders

  • The Secretary of State's decision dated 7 July 2016 is quashed.
  • The matter is remitted for redetermination in accordance with the law.