Worthing Borough Council v Secretary of State for Levelling Up, Housing And Communities & Anor [2022] EWHC 2044 (Admin) (01 August 2022)

Worthing Borough Council v Secretary of State for Levelling Up, Housing And Communities & Anor [2022] EWHC 2044 (Admin) (01 August 2022)

The Inspector provided adequate and intelligible reasons for his conclusions on the impact of the development on the gap between Goring and Ferring and under Policy SS5 of the emerging Local Plan. He addressed the relevant policies and material considerations, and his reasoning met the legal standard required. The Council's grounds did not disclose any error of law or procedural impropriety.

Citation
[2022] EWHC 2044 (Admin)
Parties
Claimant: Worthing Borough Council; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Persimmon Homes (Thames Valley) Limited
Jurisdiction
England and Wales
Judgment Date
01 August 2022
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Review of Planning Decisions, Interpretation of Planning Policy, Emerging Local Plans, Adequacy of Reasons, Material Considerations in Planning, Prematurity in Planning Applications
Administrative Law Planning Law Judicial Review Statutory Review of Planning Decisions Interpretation of Planning Policy Emerging Local Plans Adequacy of Reasons Material Considerations in Planning +1 more

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Parties

Worthing Borough Council

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Persimmon Homes (Thames Valley) Limited

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Inspector failed to provide adequate reasons regarding the impact of development on the gap between Goring and Ferring and assessment under Policy SS5 of the emerging Local Plan
  2. 2 Whether the Inspector failed to take account of or provide adequate reasons regarding conflict with Policies SS1 and SS4 of the emerging Local Plan
  3. 3 Whether the Inspector failed to take account of the absence of a specific gap designation in the adopted plan

Ratio Decidendi

The Inspector provided adequate and intelligible reasons for his conclusions on the impact of the development on the gap between Goring and Ferring and under Policy SS5 of the emerging Local Plan. He addressed the relevant policies and material considerations, and his reasoning met the legal standard required. The Council's grounds did not disclose any error of law or procedural impropriety.

Court Disposition

Claim dismissed

Orders

  • The claim for statutory review is dismissed.