South Gloucestershire Council v Secretary of State for Communities and Local Government

South Gloucestershire Council v Secretary of State for Communities and Local Government

The Appeal Inspector erred in law by failing to take into account the Core Strategy Inspector's views, did not provide adequate reasons for departing from them, and misunderstood the distinction between housing requirement and housing supply in applying National Planning Policy Guidance. These errors warranted quashing the decision.

Parties
Claimant: South Gloucestershire Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: AZ
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Statutory Challenge Under Section 288 Town and Country Planning Act 1990 / Judgment and Costs Ruling
Outcome
Application granted; decision quashed
Legal Topics
Statutory Challenge, Planning Permission, Green Belt, Housing Land Supply, Core Strategy, National Planning Policy Guidance, Material Considerations, Reasoned Decision Making, Costs
Administrative Law Planning Law Statutory Challenge Planning Permission Green Belt Housing Land Supply Core Strategy National Planning Policy Guidance +3 more

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Parties

South Gloucestershire Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

AZ

Second Defendant

Procedural Posture

Statutory Challenge Under Section 288 Town and Country Planning Act 1990 / Judgment and Costs Ruling

Legal Issues

  1. 1 Whether the Appeal Inspector erred in law by failing to take into account the Core Strategy Inspector's views on housing land supply
  2. 2 Whether the Appeal Inspector failed to give adequate reasons for differing from the Core Strategy Inspector
  3. 3 Whether the Appeal Inspector misunderstood National Planning Policy Guidance regarding housing requirement and supply

Ratio Decidendi

The Appeal Inspector erred in law by failing to take into account the Core Strategy Inspector's views, did not provide adequate reasons for departing from them, and misunderstood the distinction between housing requirement and housing supply in applying National Planning Policy Guidance. These errors warranted quashing the decision.

Court Disposition

Application granted; decision quashed

Orders

  • Decision of 1 July 2014 quashed
  • Costs awarded to claimant in the sum of £10,000 inclusive of VAT