Sandy Park Farm Partnership v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 422 (Admin) (26 February 2026)

Sandy Park Farm Partnership v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 422 (Admin) (26 February 2026)

The inspector did not misunderstand or misapply policy CP19 of the Exeter Core Strategy; policy CP19 does not preclude alternative access arrangements for the appeal site provided the green infrastructure objectives are not precluded. The inspector gave legally adequate and rational reasons for attributing limited weight to the Newcourt Masterplan, which is guidance and not part of the development plan. The inspector lawfully discharged his duties regarding protected species under the relevant regulations and directive. The claim fails on all grounds.

Citation
[2026] EWHC 422 (Admin)
Parties
Claimant: Sandy Park Farm Partnership; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Waddeton Park Limited; Third Defendant: Exeter City Council
Jurisdiction
England and Wales
Judgment Date
26 February 2026
Procedural Posture
Planning Statutory Challenge (s.288 TCPA 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Development Plan Policy, Material Considerations, Weight of Planning Guidance, Protected Species, Judicial Review of Planning Decisions
Planning Law Administrative Law Environmental Law Statutory Interpretation Development Plan Policy Material Considerations Weight of Planning Guidance Protected Species +1 more

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Parties

Sandy Park Farm Partnership

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Waddeton Park Limited

Second Defendant

Exeter City Council

Third Defendant

Procedural Posture

Planning Statutory Challenge (s.288 TCPA 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the inspector misunderstood or misapplied policy CP19 of the Exeter Core Strategy
  2. 2 Whether the inspector gave legally adequate and rational reasons for attributing limited weight to the Newcourt Masterplan
  3. 3 Whether the inspector lawfully discharged his duties regarding protected species under the Conservation of Habitats and Species Regulations 2017 and the Habitats Directive

Ratio Decidendi

The inspector did not misunderstand or misapply policy CP19 of the Exeter Core Strategy; policy CP19 does not preclude alternative access arrangements for the appeal site provided the green infrastructure objectives are not precluded. The inspector gave legally adequate and rational reasons for attributing limited weight to the Newcourt Masterplan, which is guidance and not part of the development plan. The inspector lawfully discharged his duties regarding protected species under the relevant regulations and directive. The claim fails on all grounds.

Court Disposition

Claim dismissed

Orders

  • Application to quash the inspector's decision refused
  • No order as to costs specified in the judgment