Gladman Developments Ltd v Secretary of State for Communities And Local Government & Anor

Gladman Developments Ltd v Secretary of State for Communities And Local Government & Anor

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 make representations. This breach was material and the Secretary of State failed to demonstrate that it made no difference to the outcome. Alternatively, the Secretary of State failed to properly consider the extent of the housing land supply shortfall in the planning balance, amounting to a failure to take into account a relevant consideration.

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; Secretary of State’s decision quashed; appeal remitted for reconsideration.
Legal Topics
Statutory Review, Procedural Fairness, Planning Permission, Housing Land Supply, National Planning Policy Framework (nppf), Development Plan Policies
Administrative Law Planning Law Statutory Review Procedural Fairness Planning Permission Housing Land Supply National Planning Policy Framework (nppf) Development Plan Policies

Case Brief

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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 decision was inadequately reasoned

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 make representations. This breach was material and the Secretary of State failed to demonstrate that it made no difference to the outcome. Alternatively, the Secretary of State failed to properly consider the extent of the housing land supply shortfall in the planning balance, amounting to a failure to take into account a relevant consideration.

Court Disposition

Claim allowed; Secretary of State’s decision quashed; appeal remitted for reconsideration.

Orders

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