Wokingham Borough Council v Secretary of State for Communities and Local Government & Anor

Wokingham Borough Council v Secretary of State for Communities and Local Government & Anor

The Inspector's application of a 10% lapse rate to the entire estimated supply of deliverable housing sites, without giving the Council an opportunity to address the issue and without adequate reasons, was procedurally unfair and unlawful. The lapse rate adjustment was material and decisive in the housing supply calculation, resulting in prejudice to the Council. The Inspector's decision must be quashed.

Parties
Claimant: Wokingham Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Cooper Estates Strategic Land Limited
Jurisdiction
England and Wales
Judgment Date
20 July 2017
Procedural Posture
Judicial Review (planning) / Final Judgment
Outcome
Inspector's decision quashed
Legal Topics
Procedural Fairness, Housing Supply, Planning Appeals, National Planning Policy Framework, Double Counting in Housing Land Supply, Legal Error in Planning Decisions
Administrative Law Planning Law Procedural Fairness Housing Supply Planning Appeals National Planning Policy Framework Double Counting in Housing Land Supply Legal Error in Planning Decisions

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Parties

Wokingham Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Cooper Estates Strategic Land Limited

Second Defendant

Procedural Posture

Judicial Review (planning) / Final Judgment

Legal Issues

  1. 1 Whether the Inspector unlawfully applied both a 10% lapse rate and a 20% buffer to housing supply calculations
  2. 2 Whether the Inspector made material errors of fact affecting the housing supply assessment
  3. 3 Whether the Inspector failed to provide reasons for rejecting the Council's case on double counting

Ratio Decidendi

The Inspector's application of a 10% lapse rate to the entire estimated supply of deliverable housing sites, without giving the Council an opportunity to address the issue and without adequate reasons, was procedurally unfair and unlawful. The lapse rate adjustment was material and decisive in the housing supply calculation, resulting in prejudice to the Council. The Inspector's decision must be quashed.

Court Disposition

Inspector's decision quashed

Orders

  • The Inspector's decision granting outline planning permission is quashed.