Bredhurst Parish Council v Maidstone Borough Council & Ors [2024] EWHC 2373 (Admin) (17 September 2024)

Bredhurst Parish Council v Maidstone Borough Council & Ors [2024] EWHC 2373 (Admin) (17 September 2024)

The inspector lawfully and reasonably addressed the deliverability of the Link Road, gave adequate reasons, and applied the correct policy tests; there was no arguable flaw in logic or reasoning, and the threshold for permission was not met.

Citation
[2024] EWHC 2373 (Admin)
Parties
Claimant: Bredhurst Parish Council; First Defendant: Maidstone Borough Council; Second Defendant: Secretary of State for Housing, Communities and Local Government; Third Defendant: F. D. Attwood and Partners
Jurisdiction
England and Wales
Judgment Date
17 September 2024
Procedural Posture
Judicial Review (statutory Review Under S.113 Planning and Compulsory Purchase Act 2004) / Renewed Application for Permission
Outcome
Permission refused; application dismissed.
Legal Topics
Statutory Review of Development Plan Document, Soundness of Local Plan Policy, Deliverability of Strategic Infrastructure, Reasonableness and Adequacy of Planning Inspector's Reasoning
Planning Law Administrative Law Public Law Statutory Review of Development Plan Document Soundness of Local Plan Policy Deliverability of Strategic Infrastructure Reasonableness and Adequacy of Planning Inspector's Reasoning

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Parties

Bredhurst Parish Council

Claimant

Maidstone Borough Council

First Defendant

Secretary of State for Housing, Communities and Local Government

Second Defendant

F. D. Attwood and Partners

Third Defendant

Procedural Posture

Judicial Review (statutory Review Under S.113 Planning and Compulsory Purchase Act 2004) / Renewed Application for Permission

Legal Issues

  1. 1 Whether the planning inspector's reasoning on the deliverability of the East West Link Road for Lidsing Garden Village was lawful, reasonable, and legally adequate
  2. 2 Whether the inspector properly applied the National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG) requirements for deliverability and cross-boundary strategic matters

Ratio Decidendi

The inspector lawfully and reasonably addressed the deliverability of the Link Road, gave adequate reasons, and applied the correct policy tests; there was no arguable flaw in logic or reasoning, and the threshold for permission was not met.

Court Disposition

Permission refused; application dismissed.

Orders

  • Renewed application for permission for statutory review is dismissed.