Redrow Homes Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

Redrow Homes Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

The application was refused because none of the grounds were arguable: the Secretary of State's alleged error regarding policies CS18 and CS19 was a clerical error that did not affect the outcome; all material considerations, including affordable housing, the out-of-date status of policies, the council's failure to progress a local plan, and ecological benefits, were properly considered and weighed; and there was no procedural unfairness as post-inquiry representations did not affect the decision and no substantial prejudice was demonstrated.

Parties
Claimant: Redrow Homes Limited; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Dacorum Borough Council
Jurisdiction
England and Wales
Judgment Date
13 September 2024
Procedural Posture
Planning Statutory Review / Renewed Application for Permission to Apply for Statutory Review
Outcome
Renewed application for permission to apply for statutory review refused
Legal Topics
Statutory Review Under TCPA 1990 S.288, Interpretation of Development Plan Policies, Weighting of Material Considerations, Disclosure of Post Inquiry Representations, Affordable Housing Requirements, Ecological Benefits in Planning, Emerging Local Plans
Planning Law Administrative Law Judicial Review Statutory Review Under TCPA 1990 S.288 Interpretation of Development Plan Policies Weighting of Material Considerations Disclosure of Post Inquiry Representations Affordable Housing Requirements +2 more

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Parties

Redrow Homes Limited

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Dacorum Borough Council

Second Defendant

Procedural Posture

Planning Statutory Review / Renewed Application for Permission to Apply for Statutory Review

Legal Issues

  1. 1 Whether the Secretary of State misinterpreted or misapplied development plan policies CS18 and CS19
  2. 2 Whether the Secretary of State failed to give adequate reasons or acted irrationally
  3. 3 Whether the Secretary of State failed to recognise policies were out of date due to lack of five-year housing supply

Ratio Decidendi

The application was refused because none of the grounds were arguable: the Secretary of State's alleged error regarding policies CS18 and CS19 was a clerical error that did not affect the outcome; all material considerations, including affordable housing, the out-of-date status of policies, the council's failure to progress a local plan, and ecological benefits, were properly considered and weighed; and there was no procedural unfairness as post-inquiry representations did not affect the decision and no substantial prejudice was demonstrated.

Court Disposition

Renewed application for permission to apply for statutory review refused

Orders

  • Permission to apply for statutory review refused
  • No order for disclosure