Hampton Bishop Parish Council, R (On the Application Of) v Herefordshire Council [2014] EWCA Civ 878 (01 July 2014)

Hampton Bishop Parish Council, R (On the Application Of) v Herefordshire Council [2014] EWCA Civ 878 (01 July 2014)

The Council lawfully applied section 38(6) by recognising the departure from the development plan (specifically Policy H7) and justifying it with material considerations, including the need for affordable housing and sports facilities. The planning obligation to transfer the Rugby Club's existing ground was directly related and necessary to the development, satisfying regulation 122 of the CIL Regulations.

Citation
[2014] EWCA Civ 878
Parties
Claimant/appellant: Hampton Bishop Parish Council; Defendant/respondent: Herefordshire Council; Interested Party: Herefordshire Rugby Football Club; Interested Party: Bloor Homes Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2014
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Section 38(6) Planning and Compulsory Purchase Act 2004, Regulation 122 Community Infrastructure Levy Regulations 2010, Material Considerations in Planning, Development Plan Compliance, Section 106 Obligations, Affordable Housing, Sustainable Development, Judicial Review of Planning Decisions
Planning Law Administrative Law Local Government Law Section 38(6) Planning and Compulsory Purchase Act 2004 Regulation 122 Community Infrastructure Levy Regulations 2010 Material Considerations in Planning Development Plan Compliance Section 106 Obligations +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hampton Bishop Parish Council

Claimant/appellant

Herefordshire Council

Defendant/respondent

Herefordshire Rugby Football Club

Interested Party

Bloor Homes Limited

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Council failed to comply with section 38(6) of the Planning and Compulsory Purchase Act 2004 in determining the planning application
  2. 2 Whether the Council acted in breach of regulation 122 of the Community Infrastructure Levy Regulations 2010 by taking into account a planning obligation to transfer the Rugby Club's existing ground to the Council

Ratio Decidendi

The Council lawfully applied section 38(6) by recognising the departure from the development plan (specifically Policy H7) and justifying it with material considerations, including the need for affordable housing and sports facilities. The planning obligation to transfer the Rugby Club's existing ground was directly related and necessary to the development, satisfying regulation 122 of the CIL Regulations.

Court Disposition

Appeal dismissed