Lancaster City Council v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 263 (Admin) (18 February 2026)

Lancaster City Council v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 263 (Admin) (18 February 2026)

The Inspector did not misapply any legal test, did not misunderstand the Council's position, and did not err in having regard to the Deed of Variation; the DoV was validly executed under s.106A(1)(a), and the Inspector's approach to the planning merits and the legal instruments was correct.

Citation
[2026] EWHC 263 (Admin)
Parties
Claimant: Lancaster City Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: L&W Wilson (Higham) Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2026
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Section 73 Applications, Section 106 Agreements, Affordable Housing Obligations, Statutory Review, Planning Appeals, Deed of Variation, Viability Assessments
Planning Law Administrative Law Local Government Law Section 73 Applications Section 106 Agreements Affordable Housing Obligations Statutory Review Planning Appeals +2 more

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Parties

Lancaster City Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

L&W Wilson (Higham) Limited

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Did the Inspector misapply any legal test in respect of varying the controls on affordable housing provision?
  2. 2 Did the Inspector misunderstand the Council's case and incorrectly take the signed Deed of Variation as a concession?
  3. 3 Did the Inspector err in having regard to the Deed of Variation?

Ratio Decidendi

The Inspector did not misapply any legal test, did not misunderstand the Council's position, and did not err in having regard to the Deed of Variation; the DoV was validly executed under s.106A(1)(a), and the Inspector's approach to the planning merits and the legal instruments was correct.

Court Disposition

Claim dismissed

Orders

  • Claim for statutory review is dismissed.