Reigate And Banstead Borough Council v Secretary of State for Communities And Local Government & Anor [2017] EWHC 1562 (Admin) (27 June 2017)

Reigate And Banstead Borough Council v Secretary of State for Communities And Local Government & Anor [2017] EWHC 1562 (Admin) (27 June 2017)

The Inspector erred in law by conducting a free-standing assessment of sustainable development outside the statutory framework and NPPF 11-15, failing to apply the statutory presumption in favour of the development plan, and reversing the proper decision-making process. These errors were not technical but fundamental, warranting the quashing of the decision.

Citation
[2017] EWHC 1562 (Admin)
Parties
Claimant: Reigate and Banstead Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Amtrose Limited
Jurisdiction
England and Wales
Judgment Date
27 June 2017
Procedural Posture
Planning Statutory Review (section 288 TCPA 1990) / High Court Judgment on Application to Quash Inspector's Decision
Outcome
Application granted; Inspector's decision quashed.
Legal Topics
Statutory Interpretation, Development Plans, Sustainable Development, National Planning Policy Framework (nppf), Housing Land Supply, Decision Making Process, Material Considerations
Planning Law Administrative Law Judicial Review Statutory Interpretation Development Plans Sustainable Development National Planning Policy Framework (nppf) Housing Land Supply +2 more

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Parties

Reigate and Banstead Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Amtrose Limited

Second Defendant

Procedural Posture

Planning Statutory Review (section 288 TCPA 1990) / High Court Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Did the Inspector misapply the statutory requirement to determine the appeal in accordance with the development plan unless material considerations indicate otherwise?
  2. 2 Did the Inspector misapply the National Planning Policy Framework (NPPF) by giving undue priority to sustainable development outside the statutory framework?

Ratio Decidendi

The Inspector erred in law by conducting a free-standing assessment of sustainable development outside the statutory framework and NPPF 11-15, failing to apply the statutory presumption in favour of the development plan, and reversing the proper decision-making process. These errors were not technical but fundamental, warranting the quashing of the decision.

Court Disposition

Application granted; Inspector's decision quashed.

Orders

  • The decision of the Inspector dated 8 November 2016 is quashed.