Seedlings Property Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 3371 (Admin) (19 December 2023)

Seedlings Property Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 3371 (Admin) (19 December 2023)

Permission granted on Ground 2 as the inspector misstated the para.11(d) test, inverting the presumption in favour of refusal rather than approval; other grounds refused as the inspector's approach disclosed no arguable error of law or irrationality.

Citation
[2023] EWHC 3371 (Admin)
Parties
Claimant: Seedlings Property Limited; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Peterborough City Council
Jurisdiction
England and Wales
Judgment Date
19 December 2023
Procedural Posture
Statutory Review Under S.288 Town and Country Planning Act 1990 / Renewed Application for Permission to Apply for Statutory Review
Outcome
Permission granted on Ground 2; refused on Grounds 3 and 4.
Legal Topics
Statutory Review, Planning Permission, Presumption in Favour of Sustainable Development, Housing Land Supply, Weight of Planning Considerations
Planning Law Administrative Law Statutory Review Planning Permission Presumption in Favour of Sustainable Development Housing Land Supply Weight of Planning Considerations

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Parties

Seedlings Property Limited

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Peterborough City Council

Second Defendant

Procedural Posture

Statutory Review Under S.288 Town and Country Planning Act 1990 / Renewed Application for Permission to Apply for Statutory Review

Legal Issues

  1. 1 Whether the inspector misstated and misapplied the 'tilted balance' test under para.11(d) of the National Planning Policy Framework
  2. 2 Whether the inspector failed to determine if relevant policies were out of date for para.11(d) purposes
  3. 3 Whether the inspector erred in including 480 units at Site Number 166 as deliverable housing supply

Ratio Decidendi

Permission granted on Ground 2 as the inspector misstated the para.11(d) test, inverting the presumption in favour of refusal rather than approval; other grounds refused as the inspector's approach disclosed no arguable error of law or irrationality.

Court Disposition

Permission granted on Ground 2; refused on Grounds 3 and 4.

Orders

  • Claimant granted permission to rely on its reply.
  • Permission to apply for statutory review granted on Ground 2 only.