Eastleigh Borough Council v Secretary of State for Housing Communities and Local Government & Ors [2019] EWHC 1862 (Admin) (17 July 2019)

The Inspector did not err in law in his interpretation or application of Policy 100.T, as a safe walking route existed, and the planning judgment regarding the weight of countryside policies versus housing supply was rational and within his discretion.

Citation: [2019] EWHC 1862 (Admin)
Parties: Claimant: Eastleigh Borough Council; 1st Defendant: Secretary of State for Housing Communities and Local Government; 2nd Defendant: Mr Robert Janaway; 3rd Defendant: Mr Simon Bull
Jurisdiction: England and Wales
Judgment Date: 17 July 2019
Procedural Posture: Statutory Review Under S288 Town and Country Planning Act 1990 / High Court Judgment
Outcome: Claim dismissed
Legal Topics: Statutory Review, Planning Permission, Development Plan Policies, National Planning Policy Framework, Housing Land Supply, Countryside Protection, Sustainable Transport

Administrative Law Planning Law Statutory Review Planning Permission Development Plan Policies National Planning Policy Framework Housing Land Supply Countryside Protection +1 more

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Parties

Eastleigh Borough Council

Claimant

Secretary of State for Housing Communities and Local Government

1st Defendant

Mr Robert Janaway

2nd Defendant

Mr Simon Bull

3rd Defendant

Procedural Posture

Statutory Review Under S288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

1 Whether the Inspector erred in law in finding Policy 100.T was complied with regarding safe pedestrian routes
2 Whether the Inspector erred in weighing housing land supply against breach of countryside policies

Ratio Decidendi

Court Disposition

Claim dismissed