Cheshire East Borough Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 1022 (Admin) (25 April 2013)

Cheshire East Borough Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 1022 (Admin) (25 April 2013)

The Secretary of State correctly took into account the Regional Strategy housing requirement, properly applied the policy on prematurity, and gave adequate reasons for his decision; the claim was therefore dismissed.

Source-derived case information.

Citation
[2013] EWHC 1022 (Admin)
Parties
Claimant: Cheshire East Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Richborough Estates (Sanbach) Limited; Third Defendant: Carolyn Goodwin; Fourth Defendant: Helen Cookson; Fifth Defendant: Sarah Charlesworth Sutton; Sixth Defendant: Rachel Anne Bernon; Seventh Defendant: Bovis Homes Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Judicial Review Under S.288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Prematurity in Planning Decisions, Interpretation of Planning Policy, Adequacy of Reasons in Administrative Decisions
Administrative Law Planning Law Prematurity in Planning Decisions Interpretation of Planning Policy Adequacy of Reasons in Administrative Decisions

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Parties

Cheshire East Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Richborough Estates (Sanbach) Limited

Second Defendant

Carolyn Goodwin

Third Defendant

Helen Cookson

Fourth Defendant

Sarah Charlesworth Sutton

Fifth Defendant

Rachel Anne Bernon

Sixth Defendant

Bovis Homes Limited

Seventh Defendant

Procedural Posture

Judicial Review Under S.288 Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State failed to take into account a material consideration regarding district housing requirement
  2. 2 Whether the Secretary of State misunderstood or misapplied the policy on prematurity
  3. 3 Whether the Secretary of State gave adequate reasons for his decision

Ratio Decidendi

The Secretary of State correctly took into account the Regional Strategy housing requirement, properly applied the policy on prematurity, and gave adequate reasons for his decision; the claim was therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Claimant to pay First Defendant's costs to be assessed on a standard basis unless agreed