Borough of Telford and Wrekin v Secretary of State for Communities and Local Government & Anor [2016] EWHC 3073 (Admin) (01 December 2016)

Borough of Telford and Wrekin v Secretary of State for Communities and Local Government & Anor [2016] EWHC 3073 (Admin) (01 December 2016)

The Inspector did not err in law in treating other grants of planning permission as material to whether settlement boundary policies were out-of-date, correctly interpreted Policy OL6 as not applying to large agricultural land, properly concluded NPPF 112 was not a restrictive policy under NPPF 14, and lawfully found Policy CS7 out-of-date and inconsistent with the NPPF. The Council failed to establish any public law error or irrationality in the Inspector's approach or conclusions.

Citation
[2016] EWHC 3073 (Admin)
Parties
Claimant: Borough of Telford and Wrekin; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Gladman Developments Limited
Jurisdiction
England and Wales
Judgment Date
01 December 2016
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment on Application to Quash Planning Appeal Decision
Outcome
Claim dismissed; permission to quash refused.
Legal Topics
Statutory Review of Planning Decisions, Interpretation of Development Plan Policies, National Planning Policy Framework (nppf), Material Considerations in Planning, Best and Most Versatile Agricultural Land, Heritage Assets, Sustainable Development
Administrative Law Planning Law Judicial Review Statutory Review of Planning Decisions Interpretation of Development Plan Policies National Planning Policy Framework (nppf) Material Considerations in Planning Best and Most Versatile Agricultural Land +2 more

Case Brief

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Parties

Borough of Telford and Wrekin

Claimant

Secretary of State for Communities and Local Government

First Defendant

Gladman Developments Limited

Second Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment on Application to Quash Planning Appeal Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in treating other grants of planning permission as material to settlement boundary policy being out-of-date
  2. 2 Whether the Inspector misapplied or misinterpreted Wrekin Local Plan Policy OL6
  3. 3 Whether NPPF 112 is a restrictive policy under NPPF 14

Ratio Decidendi

The Inspector did not err in law in treating other grants of planning permission as material to whether settlement boundary policies were out-of-date, correctly interpreted Policy OL6 as not applying to large agricultural land, properly concluded NPPF 112 was not a restrictive policy under NPPF 14, and lawfully found Policy CS7 out-of-date and inconsistent with the NPPF. The Council failed to establish any public law error or irrationality in the Inspector's approach or conclusions.

Court Disposition

Claim dismissed; permission to quash refused.

Orders

  • Permission refused on Grounds 1, 2, and 5.
  • Application to quash the decision on Ground 3 refused.