Oxfordshire County Council v Secretary of State for Communities And Local Government & Ors

Oxfordshire County Council v Secretary of State for Communities And Local Government & Ors

The Inspector was entitled to conclude, as a matter of planning judgment, that the administration and monitoring fee was not necessary to make the development acceptable in planning terms under regulation 122 of the CIL Regulations. The Claimant's routine administration and monitoring costs are part of its statutory functions and not a proper subject for a planning obligation in this case. There was no error of law or inadequacy of reasons.

Parties
Claimant: Oxfordshire County Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Cala Management Limited; Third Defendant: William Roger Freeman; Fourth Defendant: Ross William Freeman; Fifth Defendant: Julian James Freeman; Sixth Defendant: Cherwell District Council
Jurisdiction
England and Wales
Judgment Date
03 February 2015
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Inspector's Decision Under Section 288 TCPA 1990
Outcome
Application dismissed
Legal Topics
Section 106 Agreements, Community Infrastructure Levy Regulations, Judicial Review, Planning Obligations, Local Government Functions
Planning Law Administrative Law Section 106 Agreements Community Infrastructure Levy Regulations Judicial Review Planning Obligations Local Government Functions

Case Brief

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Parties

Oxfordshire County Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Cala Management Limited

Second Defendant

William Roger Freeman

Third Defendant

Ross William Freeman

Fourth Defendant

Julian James Freeman

Fifth Defendant

Cherwell District Council

Sixth Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Inspector's Decision Under Section 288 TCPA 1990

Legal Issues

  1. 1 Whether the Inspector erred in law in concluding that administration/monitoring fees did not meet the necessity test under regulation 122 of the CIL Regulations
  2. 2 Whether the Inspector failed to give adequate reasons for his decision

Ratio Decidendi

The Inspector was entitled to conclude, as a matter of planning judgment, that the administration and monitoring fee was not necessary to make the development acceptable in planning terms under regulation 122 of the CIL Regulations. The Claimant's routine administration and monitoring costs are part of its statutory functions and not a proper subject for a planning obligation in this case. There was no error of law or inadequacy of reasons.

Court Disposition

Application dismissed

Orders

  • Claimant's application to quash the Inspector's decision is dismissed.