WORTHING BOROUGH COUNCIL v SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES & Anor

WORTHING BOROUGH COUNCIL v SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES & Anor

The Inspector erred in law by failing to consider and weigh conflict with emerging Local Plan policies SS1 and SS4 and by failing to weigh moderate adverse harm to the South Downs National Park in the overall planning balance, breaching both statutory and policy duties; these errors were material and require the decision to be quashed.

Parties
Claimant: Worthing Borough Council; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Persimmon Homes (Thames Valley) Limited
Jurisdiction
England and Wales
Judgment Date
01 August 2022
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment on Application to Quash Inspector's Decision
Outcome
Claim allowed; Inspector's decision quashed.
Legal Topics
Statutory Review, Planning Permission, Emerging Local Plan Policies, National Park Protection, Judicial Review Principles
Administrative Law Planning Law Environmental Law Statutory Review Planning Permission Emerging Local Plan Policies National Park Protection Judicial Review Principles

Case Brief

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Parties

Worthing Borough Council

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Persimmon Homes (Thames Valley) Limited

Second Defendant

Procedural Posture

Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector failed to consider conflict with emerging local plan policies SS1 and SS4
  2. 2 Whether the Inspector failed to weigh harm to the South Downs National Park in the planning balance
  3. 3 Whether the Inspector provided adequate reasons regarding the impact on settlement gaps

Ratio Decidendi

The Inspector erred in law by failing to consider and weigh conflict with emerging Local Plan policies SS1 and SS4 and by failing to weigh moderate adverse harm to the South Downs National Park in the overall planning balance, breaching both statutory and policy duties; these errors were material and require the decision to be quashed.

Court Disposition

Claim allowed; Inspector's decision quashed.

Orders

  • The decision of the Inspector dated 25 February 2022 is quashed.
  • Matter remitted for reconsideration in accordance with the law.