Mead Realisations Limited v The Secretary of State for Levelling Up, Housing and Communities & Anor

Mead Realisations Limited v The Secretary of State for Levelling Up, Housing and Communities & Anor

The court held that the Inspectors correctly interpreted and applied the sequential test for flood risk under the NPPF and PPG. The PPG is a legitimate elucidation of the NPPF and may clarify its meaning. The sequential test is broad and allows for judgment and flexibility; it is not confined to the specific requirements of the developer's proposal. General need for development is not relevant to the sequential test but may be considered in the overall planning balance. The Inspectors did not err in law or fetter their discretion by treating the PPG as binding. The challenges were dismissed.

Parties
Claimant: Mead Realisations Limited; First Defendant: The Secretary of State for Levelling Up, Housing and Communities; Second Defendant (ac 2023 LON 002327): North Somerset Council; Claimant: Redrow Homes Limited; Second Defendant (ac 2023 LON 002481): Hertsmere Borough Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review (planning) / Final Judgment
Outcome
Claims dismissed
Legal Topics
Sequential Test, Flood Risk, National Planning Policy Framework (nppf), Planning Practice Guidance (ppg), Development Plan Policy, Interpretation of Policy, Judicial Review
Planning Law Administrative Law Sequential Test Flood Risk National Planning Policy Framework (nppf) Planning Practice Guidance (ppg) Development Plan Policy Interpretation of Policy +1 more

Case Brief

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Parties

Mead Realisations Limited

Claimant

The Secretary of State for Levelling Up, Housing and Communities

First Defendant

North Somerset Council

Second Defendant (ac 2023 LON 002327)

Redrow Homes Limited

Claimant

Hertsmere Borough Council

Second Defendant (ac 2023 LON 002481)

Procedural Posture

Judicial Review (planning) / Final Judgment

Legal Issues

  1. 1 Proper interpretation and application of the sequential test for flood risk under the NPPF and PPG
  2. 2 Whether PPG can alter or clarify the meaning of the NPPF
  3. 3 Whether need for the proposed development is relevant to the sequential test

Ratio Decidendi

The court held that the Inspectors correctly interpreted and applied the sequential test for flood risk under the NPPF and PPG. The PPG is a legitimate elucidation of the NPPF and may clarify its meaning. The sequential test is broad and allows for judgment and flexibility; it is not confined to the specific requirements of the developer's proposal. General need for development is not relevant to the sequential test but may be considered in the overall planning balance. The Inspectors did not err in law or fetter their discretion by treating the PPG as binding. The challenges were dismissed.

Court Disposition

Claims dismissed

Orders

  • Both claims for judicial review are dismissed.