Chichester District Council v Secretary of State for Housing, Communities and Local Government & Anor [2018] EWHC 2386 (Admin) (12 September 2018)

Chichester District Council v Secretary of State for Housing, Communities and Local Government & Anor [2018] EWHC 2386 (Admin) (12 September 2018)

The inspector lawfully concluded that the proposed development did not conflict with the policies of the neighbourhood plan, as the plan was silent on development outside the settlement boundary and allocated sites. The distinction between 'policies' and 'aims' was rational and consistent with legal authority. There...

Source-derived case information.

Citation
[2018] EWHC 2386 (Admin)
Parties
Claimant: Chichester District Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Beechcroft Ltd
Jurisdiction
England and Wales
Judgment Date
12 September 2018
Procedural Posture
Statutory Review Under S.288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Review of Planning Decisions, Interpretation of Neighbourhood Plans, Conflict Between Local and Neighbourhood Plans, Judicial Review Standards in Planning, Application of National Planning Policy Framework
Administrative Law Planning Law Local Government Law Statutory Review of Planning Decisions Interpretation of Neighbourhood Plans Conflict Between Local and Neighbourhood Plans Judicial Review Standards in Planning Application of National Planning Policy Framework

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Summary, issues, holding and outcome

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Parties

Chichester District Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Beechcroft Ltd

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the inspector failed to decide if the proposed development conflicted with the neighbourhood plan as required by para 198 NPPF
  2. 2 Whether the inspector irrationally distinguished between the 'policies' and 'aims' of the neighbourhood plan

Ratio Decidendi

The inspector lawfully concluded that the proposed development did not conflict with the policies of the neighbourhood plan, as the plan was silent on development outside the settlement boundary and allocated sites. The distinction between 'policies' and 'aims' was rational and consistent with legal authority. There was no error of law in the inspector's approach or reasoning.

Court Disposition

Claim dismissed