Wavendon Properties Ltdv Secretary of State of Housing Communities And Local Government & Anor

Wavendon Properties Ltdv Secretary of State of Housing Communities And Local Government & Anor

The Secretary of State's decision was quashed because he failed to provide legally adequate reasons for his housing land supply conclusion, particularly in light of the evidence and the pivotal nature of the issue. The unexplained assertion of a housing supply figure not derived from the evidence or explained in the decision letter left the parties unable to understand the basis for the conclusion and how policy was applied, thus failing the South Bucks adequacy of reasons test.

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 (statutory Challenge Under Section 288 of the Town and Country Planning Act 1990) / Final Judgment
Outcome
Claim allowed in part; Secretary of State's decision quashed.
Legal Topics
Planning Permission, Housing Land Supply, Development Plan Policies, Sustainable Development, Statutory Interpretation, Adequacy of Reasons, Regulation 17(5) of Town and Country Planning (inquiries Procedure) (england) Rules 2000
Planning Law Administrative Law Planning Permission Housing Land Supply Development Plan Policies Sustainable Development Statutory Interpretation Adequacy of Reasons +1 more

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 (statutory Challenge Under Section 288 of the Town and Country Planning Act 1990) / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State provided legally adequate reasons for his decision on housing land supply
  2. 2 Proper interpretation and application of paragraph 11(d) of the National Planning Policy Framework (NPPF)
  3. 3 Whether the Secretary of State misapplied policy H8 regarding housing density

Ratio Decidendi

The Secretary of State's decision was quashed because he failed to provide legally adequate reasons for his housing land supply conclusion, particularly in light of the evidence and the pivotal nature of the issue. The unexplained assertion of a housing supply figure not derived from the evidence or explained in the decision letter left the parties unable to understand the basis for the conclusion and how policy was applied, thus failing the South Bucks adequacy of reasons test.

Court Disposition

Claim allowed in part; Secretary of State's decision quashed.

Orders

  • The Secretary of State's decision is quashed.
  • Permission refused for ground 6 and substantive relief declined for grounds 1, 4, and 5.