Reigate And Banstead Borough Council v Secretary of State for Communities And Local Government & Anor

Reigate And Banstead Borough Council v Secretary of State for Communities And Local Government & Anor

The Inspector erred in law by failing to apply the statutory presumption in favour of the development plan and by misapplying the NPPF, giving undue priority to sustainable development outside the prescribed framework, which constituted a reversal of the statutory presumption and was not justified by material considerations.

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
Judicial Review / Final Judgment
Outcome
Application granted; decision quashed.
Legal Topics
Statutory Interpretation, Development Plan Compliance, Sustainable Development, Judicial Review of Planning Decisions
Planning Law Administrative Law Statutory Interpretation Development Plan Compliance Sustainable Development Judicial Review of Planning Decisions

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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

Judicial Review / Final Judgment

Legal Issues

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

Ratio Decidendi

The Inspector erred in law by failing to apply the statutory presumption in favour of the development plan and by misapplying the NPPF, giving undue priority to sustainable development outside the prescribed framework, which constituted a reversal of the statutory presumption and was not justified by material considerations.

Court Disposition

Application granted; decision quashed.

Orders

  • The Inspector's decision dated 8 November 2016 is quashed.