Verdin (t/a the Darnhall Estate) v The Secretary of State for Communities and Local Government & Ors [2017] EWHC 2079 (Admin) (10 August 2017)

Verdin (t/a the Darnhall Estate) v The Secretary of State for Communities and Local Government & Ors [2017] EWHC 2079 (Admin) (10 August 2017)

The Secretary of State lawfully applied the policy tests for planning conditions and gave adequate reasons for rejecting the proposed conditions, including self-build housing, training/employment, local builders, and local procurement. The reasons were sufficient and addressed the principal issues. The Secretary of...

Source-derived case information.

Citation
[2017] EWHC 2079 (Admin)
Parties
Claimant: Richard James Verdin (t/a The Darnhall Estate); First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: Cheshire West and Chester Borough Council; Interested Party: Winsford Town Council
Jurisdiction
England and Wales
Judgment Date
10 August 2017
Procedural Posture
Judicial Review (planning Statutory Challenge) / High Court Judgment on Application to Quash Secretary of State's Planning Decision
Outcome
Claim dismissed
Legal Topics
Statutory Challenge Under Town and Country Planning Act 1990 S.288, Planning Conditions, Neighbourhood Plans, Development Plan Conformity, Adequacy of Reasons, Judicial Review Standards
Administrative Law Planning Law Local Government Law Statutory Challenge Under Town and Country Planning Act 1990 S.288 Planning Conditions Neighbourhood Plans Development Plan Conformity Adequacy of Reasons +1 more

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Summary, issues, holding and outcome

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Parties

Richard James Verdin (t/a The Darnhall Estate)

Claimant

The Secretary of State for Communities and Local Government

First Defendant

Cheshire West and Chester Borough Council

Second Defendant

Winsford Town Council

Interested Party

Procedural Posture

Judicial Review (planning Statutory Challenge) / High Court Judgment on Application to Quash Secretary of State's Planning Decision

Legal Issues

  1. 1 Whether the Secretary of State lawfully rejected proposed planning conditions (self-build, training/employment, local builders, local procurement)
  2. 2 Whether adequate reasons were given for rejecting those conditions
  3. 3 Whether the Secretary of State misapplied the development plan and national policy

Ratio Decidendi

The Secretary of State lawfully applied the policy tests for planning conditions and gave adequate reasons for rejecting the proposed conditions, including self-build housing, training/employment, local builders, and local procurement. The reasons were sufficient and addressed the principal issues. The Secretary of State's planning judgment was not irrational or unlawful. No breach of procedural fairness or other legal error was established. The decision to dismiss the appeal and refuse planning permission was not unlawful.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Secretary of State's decision is refused
  • No order quashing the planning decision