Oxfordshire County Council v Secretary of State for Communities And Local Government & Ors [2015] EWHC 186 (Admin) (03 February 2015)

Oxfordshire County Council v Secretary of State for Communities And Local Government & Ors [2015] EWHC 186 (Admin) (03 February 2015)

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 statutory and policy framework does not require or authorise such fees as planning obligations in routine cases. No error of law or irrationality was disclosed, and the reasons given were sufficient for the parties to understand the decision.

Citation
[2015] EWHC 186 (Admin)
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 Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Section 106 Agreements, Community Infrastructure Levy Regulations, Planning Obligations, Judicial Review, Administration and Monitoring Fees
Planning Law Administrative Law Local Government Law Section 106 Agreements Community Infrastructure Levy Regulations Planning Obligations Judicial Review Administration and Monitoring Fees

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 Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether administration/monitoring fees claimed by the local authority comply with regulation 122 of the Community Infrastructure Levy Regulations 2010
  2. 2 Whether the Inspector erred in law in concluding such fees were not necessary to make the development acceptable in planning terms
  3. 3 Whether adequate reasons were given for the 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 statutory and policy framework does not require or authorise such fees as planning obligations in routine cases. No error of law or irrationality was disclosed, and the reasons given were sufficient for the parties to understand the decision.

Court Disposition

Application dismissed