Wainhomes (North-West) Ltd v Secretary of State for Housing Communities and Local Government [2020] EWHC 2294 (Admin) (21 August 2020)

Wainhomes (North-West) Ltd v Secretary of State for Housing Communities and Local Government [2020] EWHC 2294 (Admin) (21 August 2020)

The Inspector erred in law by failing to expressly consider whether the distribution of the housing requirement resulting from the application of the Standard Methodology within the Housing Market Area would render Policy G3 out of date, irrespective of whether the Council could demonstrate a five year supply of housing land. The Inspector also failed to give adequate reasons and did not take into account a material consideration as required. The decision was therefore quashed for these reasons, as conceded by the Secretary of State.

Citation
[2020] EWHC 2294 (Admin)
Parties
Claimant: Wainhomes (North-West) Limited; First Defendant: Secretary of State for Housing Communities and Local Government; Second Defendant: South Ribble Borough Council
Jurisdiction
England and Wales
Judgment Date
21 August 2020
Procedural Posture
Judicial Review (planning Statutory Review Under S.288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim allowed in part; Inspector's decision quashed for failure to give adequate reasons and failure to consider a material consideration.
Legal Topics
Statutory Review of Planning Appeal Decision, Interpretation of National Planning Policy Framework (nppf), Five Year Housing Land Supply, Review of Strategic Housing Policies, Material Error of Fact in Planning Decisions
Planning Law Administrative Law Local Government Law Statutory Review of Planning Appeal Decision Interpretation of National Planning Policy Framework (nppf) Five Year Housing Land Supply Review of Strategic Housing Policies Material Error of Fact in Planning Decisions

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Parties

Wainhomes (North-West) Limited

Claimant

Secretary of State for Housing Communities and Local Government

First Defendant

South Ribble Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning Statutory Review Under S.288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in concluding that the 2017 Memorandum of Understanding (MOU) and associated processes did not amount to a review under footnote 37 of the NPPF for the purposes of calculating five year housing land supply
  2. 2 Whether the Inspector made a material error of fact regarding references to Core Strategy Policy 4 in committee reports
  3. 3 Whether the Inspector's reasons were adequate and intelligible

Ratio Decidendi

The Inspector erred in law by failing to expressly consider whether the distribution of the housing requirement resulting from the application of the Standard Methodology within the Housing Market Area would render Policy G3 out of date, irrespective of whether the Council could demonstrate a five year supply of housing land. The Inspector also failed to give adequate reasons and did not take into account a material consideration as required. The decision was therefore quashed for these reasons, as conceded by the Secretary of State.

Court Disposition

Claim allowed in part; Inspector's decision quashed for failure to give adequate reasons and failure to consider a material consideration.

Orders

  • The Inspector's decision dated 13 December 2019 is quashed.
  • Matter remitted for redetermination in accordance with the judgment.