Wiltshire Council v Secretary of State for Communities and Local Government & Anor [2010] EWHC 1009 (Admin) (12 May 2010)

Wiltshire Council v Secretary of State for Communities and Local Government & Anor [2010] EWHC 1009 (Admin) (12 May 2010)

The Inspector's approach to the development plan, material considerations, and the disaggregation issue was rational, adequately reasoned, and within the scope of planning judgment. The claim disclosed no reasonable grounds and was bound to fail; summary disposal was appropriate.

Citation
[2010] EWHC 1009 (Admin)
Parties
Claimant: Wiltshire Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant/applicant: Robert Hitchins Limited
Jurisdiction
England and Wales
Judgment Date
12 May 2010
Procedural Posture
Judicial Review (planning) / Application for Summary Disposal/strike Out Under CPR Part 3.4(2)(a)
Outcome
Claim summarily dismissed/struck out against the Council.
Legal Topics
Statutory Interpretation, Planning Policy, Judicial Review, Summary Disposal, Housing Supply, Development Plan, Material Considerations
Administrative Law Planning Law Statutory Interpretation Planning Policy Judicial Review Summary Disposal Housing Supply Development Plan +1 more

Case Brief

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Parties

Wiltshire Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Robert Hitchins Limited

Second Defendant/applicant

Procedural Posture

Judicial Review (planning) / Application for Summary Disposal/strike Out Under CPR Part 3.4(2)(a)

Legal Issues

  1. 1 Whether the Planning Inspector erred in law in his approach to the development plan and material considerations
  2. 2 Whether the Inspector failed to apply or misapplied the disaggregation approach to housing land supply
  3. 3 Whether the Inspector's reasons were adequate and intelligible

Ratio Decidendi

The Inspector's approach to the development plan, material considerations, and the disaggregation issue was rational, adequately reasoned, and within the scope of planning judgment. The claim disclosed no reasonable grounds and was bound to fail; summary disposal was appropriate.

Court Disposition

Claim summarily dismissed/struck out against the Council.

Orders

  • Claim dismissed under CPR Part 3.4(2)(a) or alternatively Part 24.2
  • No order for reconsideration of the planning decision