Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC 1746 (Admin) (17 July 2009)

Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC 1746 (Admin) (17 July 2009)

The Inspector did not err in law in his interpretation and application of the Local Plan, the assessment of retail need, or the application of the sequential test. The Inspector gave adequate reasons for his decision, addressed the principal controversial issues, and was entitled to conclude that the Claimants had not demonstrated a need for the proposed retail development. The challenge is dismissed.

Citation
[2009] EWHC 1746 (Admin)
Parties
Claimant: Ashtenne Industrial Fund Limited Partnership; Claimant: Asda Stores Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: North Wiltshire District Council
Jurisdiction
England and Wales
Judgment Date
17 July 2009
Procedural Posture
Statutory Planning Challenge Under Section 288 Town and Country Planning Act 1990 / High Court Administrative Court Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Planning Appeals, Interpretation of Development Plans, Retail Planning Policy, Sequential Test for Retail Development, Adequacy of Reasons in Planning Decisions
Planning Law Administrative Law Local Government Law Statutory Planning Appeals Interpretation of Development Plans Retail Planning Policy Sequential Test for Retail Development Adequacy of Reasons in Planning Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

Ashtenne Industrial Fund Limited Partnership

Claimant

Asda Stores Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

North Wiltshire District Council

Second Defendant

Procedural Posture

Statutory Planning Challenge Under Section 288 Town and Country Planning Act 1990 / High Court Administrative Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in interpreting and applying Local Plan policy H2 and the development brief
  2. 2 Whether the Inspector erred in assessing retail need, particularly in relation to overtrading and the sequential test
  3. 3 Whether the Inspector gave adequate reasons for his decision and properly addressed principal controversial issues

Ratio Decidendi

The Inspector did not err in law in his interpretation and application of the Local Plan, the assessment of retail need, or the application of the sequential test. The Inspector gave adequate reasons for his decision, addressed the principal controversial issues, and was entitled to conclude that the Claimants had not demonstrated a need for the proposed retail development. The challenge is dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim under Section 288 of the Town and Country Planning Act 1990 is dismissed.