Gladman Developments Ltd v Secretary of State for Communities And Local Government & Anor [2017] EWHC 2448 (Admin) (06 October 2017)

Gladman Developments Ltd v Secretary of State for Communities And Local Government & Anor [2017] EWHC 2448 (Admin) (06 October 2017)

The Secretary of State breached Rule 17(5) of the 2000 Procedure Rules by relying on new evidence regarding housing land supply without giving the parties an opportunity to respond. This breach was material and the Secretary of State failed to show that the outcome would necessarily have been the same. Accordingly, the decision must be quashed.

Citation
[2017] EWHC 2448 (Admin)
Parties
Claimant: Gladman Developments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Forest of Dean District Council
Jurisdiction
England and Wales
Judgment Date
06 October 2017
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim allowed; decision quashed and remitted
Legal Topics
Statutory Review, Planning Permission, Procedural Fairness, Housing Land Supply, Weight of Planning Policies, National Planning Policy Framework (nppf), Rule 17(5) of the Town and Country Planning (inquiries Procedure) (england) Rules 2000
Administrative Law Planning Law Public Law Statutory Review Planning Permission Procedural Fairness Housing Land Supply Weight of Planning Policies +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Gladman Developments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Forest of Dean District Council

Second Defendant

Procedural Posture

Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State breached Rule 17(5) of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 by relying on new evidence without giving parties an opportunity to respond
  2. 2 Whether the Secretary of State failed to properly consider the extent of the housing land supply shortfall in the planning balance
  3. 3 Whether the Secretary of State's reasoning was adequate and lawful

Ratio Decidendi

The Secretary of State breached Rule 17(5) of the 2000 Procedure Rules by relying on new evidence regarding housing land supply without giving the parties an opportunity to respond. This breach was material and the Secretary of State failed to show that the outcome would necessarily have been the same. Accordingly, the decision must be quashed.

Court Disposition

Claim allowed; decision quashed and remitted

Orders

  • The Secretary of State's decision letter dated 21 December 2016 is quashed.
  • The appeal is remitted to the Secretary of State for reconsideration.