Keith Langmead Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 788 (Admin) (11 April 2017)

Keith Langmead Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 788 (Admin) (11 April 2017)

The Secretary of State did not misinterpret or misapply the NPPF, gave rational and lawful weight to the neighbourhood plan and other policies, considered all relevant material, and provided adequate reasons. The decision was within the bounds of planning judgment and not irrational or unlawful.

Citation
[2017] EWHC 788 (Admin)
Parties
Claimant: Keith Langmead Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Arun District Council
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Review of Planning Decisions, Interpretation of National Planning Policy Framework (nppf), Weight to Neighbourhood Plans, Five Year Housing Land Supply, Material Considerations in Planning, Rationality and Adequacy of Reasons in Planning Decisions
Administrative Law Planning Law Judicial Review Statutory Review of Planning Decisions Interpretation of National Planning Policy Framework (nppf) Weight to Neighbourhood Plans Five Year Housing Land Supply Material Considerations in Planning +1 more

Case Brief

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Parties

Keith Langmead Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Arun 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 misinterpreted or misapplied the NPPF
  2. 2 Whether the Secretary of State failed to apply the NPPF as a whole
  3. 3 Whether the Secretary of State failed to take account of material changes or other material considerations

Ratio Decidendi

The Secretary of State did not misinterpret or misapply the NPPF, gave rational and lawful weight to the neighbourhood plan and other policies, considered all relevant material, and provided adequate reasons. The decision was within the bounds of planning judgment and not irrational or unlawful.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Secretary of State's decision is refused