Wainhomes (North-West) Ltd v Secretary of State for Housing Communities and Local Government

Wainhomes (North-West) Ltd v Secretary of State for Housing Communities and Local Government

The Inspector's decision was unlawful due to a material error of fact regarding references to Core Strategy Policy 4(a) and a failure to provide adequate reasons for rejecting the claimant's argument that Local Plan Policy G3 was out of date as a result of the distributional consequences of using the standard method for housing need. The Inspector's reasoning did not address the substance of the claimant's case, and the decision must be quashed.

Parties
Claimant: Wainhomes (North-West) Limited; 1st Defendant: Secretary of State for Housing Communities and Local Government; 2nd Defendant: South Ribble Borough Council
Jurisdiction
England and Wales
Judgment Date
21 August 2020
Procedural Posture
Judicial Review (statutory Review Under S.288 Town and Country Planning Act 1990) / Judgment on Application to Quash Inspector's Planning Appeal Decision
Outcome
Claim allowed; Inspector's decision quashed
Legal Topics
Statutory Review of Planning Decisions, Interpretation of National Planning Policy Framework (nppf), Housing Land Supply Requirements, Error of Fact in Administrative Decisions, Adequacy of Reasons in Planning Decisions
Planning Law Administrative Law Statutory Review of Planning Decisions Interpretation of National Planning Policy Framework (nppf) Housing Land Supply Requirements Error of Fact in Administrative Decisions Adequacy of Reasons in Planning Decisions

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Parties

Wainhomes (North-West) Limited

Claimant

Secretary of State for Housing Communities and Local Government

1st Defendant

South Ribble Borough Council

2nd Defendant

Procedural Posture

Judicial Review (statutory Review Under S.288 Town and Country Planning Act 1990) / Judgment on Application to Quash Inspector's Planning Appeal Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in concluding that the Memorandum of Understanding (MOU) and associated processes did not amount to a review under footnote 37 of the NPPF
  2. 2 Whether the Inspector's reasons for finding Local Plan Policy G3 not out of date were adequate
  3. 3 Whether the Inspector made a material error of fact regarding references to Core Strategy Policy 4(a)

Ratio Decidendi

The Inspector's decision was unlawful due to a material error of fact regarding references to Core Strategy Policy 4(a) and a failure to provide adequate reasons for rejecting the claimant's argument that Local Plan Policy G3 was out of date as a result of the distributional consequences of using the standard method for housing need. The Inspector's reasoning did not address the substance of the claimant's case, and the decision must be quashed.

Court Disposition

Claim allowed; Inspector's decision quashed

Orders

  • The Inspector's decision is quashed and must be redetermined in accordance with the court's findings.