City & Country Bramshill Ltd v Secretary of State for Housing, Communities [2019] EWHC 3437 (Admin) (16 December 2019)

City & Country Bramshill Ltd v Secretary of State for Housing, Communities [2019] EWHC 3437 (Admin) (16 December 2019)

The Inspector lawfully applied the correct legal test for 'isolated homes' under NPPF paragraph 79, exercised her planning judgment in finding the proposed developments to be isolated and unsustainable, and was not required to specifically address every expert concession or piece of evidence in her reasoning. The approach to heritage harm, optimum viable use, and enabling development was within the Inspector's discretion and did not disclose any legal error or irrationality. The challenge fails on all grounds.

Citation
[2019] EWHC 3437 (Admin)
Parties
Claimant/appellant: City & Country Bramshill Limited; First Defendant/respondent: Secretary of State for Housing, Communities and Local Government; Second Defendant/respondent: Hart District Council; Third Defendant/first Interested Party: Historic England; Second Interested Party: The National Trust for Places of Historic Interest or Natural Beauty
Jurisdiction
England and Wales
Judgment Date
16 December 2019
Procedural Posture
Planning Statutory Challenge (ss288 and 289 Town and Country Planning Act 1990) / High Court Judgment on Challenge to Planning Inspector's Decision
Outcome
Claim dismissed
Legal Topics
Statutory Challenge to Planning Decisions, Interpretation of NPPF Paragraph 79 (isolated Homes), Heritage Asset Protection, Enabling Development, Optimum Viable Use, Conservation Deficit, Judicial Review Standards in Planning, Weight to Expert Evidence
Planning Law Administrative Law Heritage Law Statutory Challenge to Planning Decisions Interpretation of NPPF Paragraph 79 (isolated Homes) Heritage Asset Protection Enabling Development Optimum Viable Use +3 more

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Parties

City & Country Bramshill Limited

Claimant/appellant

Secretary of State for Housing, Communities and Local Government

First Defendant/respondent

Hart District Council

Second Defendant/respondent

Historic England

Third Defendant/first Interested Party

The National Trust for Places of Historic Interest or Natural Beauty

Second Interested Party

Procedural Posture

Planning Statutory Challenge (ss288 and 289 Town and Country Planning Act 1990) / High Court Judgment on Challenge to Planning Inspector's Decision

Legal Issues

  1. 1 Whether the Planning Inspector misapplied or irrationally applied NPPF paragraph 79 regarding isolated homes in the countryside
  2. 2 Whether the Inspector lawfully assessed heritage harm/benefit and enabling development
  3. 3 Whether the Inspector failed to consider or give weight to relevant expert evidence

Ratio Decidendi

The Inspector lawfully applied the correct legal test for 'isolated homes' under NPPF paragraph 79, exercised her planning judgment in finding the proposed developments to be isolated and unsustainable, and was not required to specifically address every expert concession or piece of evidence in her reasoning. The approach to heritage harm, optimum viable use, and enabling development was within the Inspector's discretion and did not disclose any legal error or irrationality. The challenge fails on all grounds.

Court Disposition

Claim dismissed

Orders

  • All grounds of challenge to the Planning Inspector's decision are dismissed.
  • No order as to costs against Historic England for unreasonable conduct.