Kendall v Rochford District Council & Ano [2014] EWHC 3866 (Admin) (19 December 2014)

Kendall v Rochford District Council & Ano [2014] EWHC 3866 (Admin) (19 December 2014)

The council complied with its Statement of Community Involvement and the relevant statutory requirements for consultation in the preparation and adoption of the allocations plan. The inspector's conclusion that the council met its legal obligations was reasonable and supported by evidence. There was no breach of section 19(3) of the 2004 Act or regulation 18 of the 2012 Regulations. The challenge based on alleged irrationality fails.

Citation
[2014] EWHC 3866 (Admin)
Parties
Claimant: Linda Kendall; First Defendant: Rochford District Council; Second Defendant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
19 December 2014
Procedural Posture
Statutory Challenge Under Section 113 of the Planning and Compulsory Purchase Act 2004 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Public Consultation in Plan Making, Compliance With Statement of Community Involvement, Strategic Environmental Assessment, Judicial Review Standards, Local Development Frameworks
Administrative Law Planning Law Environmental Law Public Consultation in Plan Making Compliance With Statement of Community Involvement Strategic Environmental Assessment Judicial Review Standards Local Development Frameworks

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Parties

Linda Kendall

Claimant

Rochford District Council

First Defendant

Secretary of State for Communities and Local Government

Second Defendant

Procedural Posture

Statutory Challenge Under Section 113 of the Planning and Compulsory Purchase Act 2004 / High Court Judgment

Legal Issues

  1. 1 Whether the council complied with its Statement of Community Involvement under section 19(3) of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether the council complied with Article 6 of Directive 2001/42/EC and regulation 13 of the Environmental Assessment of Plans and Programmes Regulations 2004
  3. 3 Whether the inspector should have remedied any harm caused by alleged failures in consultation during the preparation of the core strategy

Ratio Decidendi

The council complied with its Statement of Community Involvement and the relevant statutory requirements for consultation in the preparation and adoption of the allocations plan. The inspector's conclusion that the council met its legal obligations was reasonable and supported by evidence. There was no breach of section 19(3) of the 2004 Act or regulation 18 of the 2012 Regulations. The challenge based on alleged irrationality fails.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Rochford District Allocations Plan refused
  • No order for further relief