JS Bloor Ltd & Anor v Swindon Borough Council & Ors [2001] EWHC Admin 966 (23rd November, 2001)

JS Bloor Ltd & Anor v Swindon Borough Council & Ors [2001] EWHC Admin 966 (23rd November, 2001)

Policy DP10 was not ultra vires; its inclusion in the structure plan was justified by the strategic importance of Swindon's growth direction and was not excessively detailed for a structure plan. The process adopted, including the comparative appraisal, public consultation, and Examination in Public, was lawful and procedurally fair. There was no breach of Article 6 ECHR as the structure plan process is legislative, not adjudicative. The claimants' challenges on grounds of ultra vires, procedural unfairness, and human rights all fail.

Citation
[2001] EWHC Admin 966
Parties
First Claimant: JS Bloor Limited; Second Claimant: Terence Melville King; 1st Defendant: Swindon Borough Council; 2nd Defendant: Wiltshire County Council; 3rd Defendant: Secretary of State for the Environment, Transport and the Regions; Interested Party: Bryant Homes
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Structure Plans, Town and Country Planning, Judicial Review of Planning Policy, Procedural Fairness, Human Rights Act (article 6 Echr)
Administrative Law Planning Law Local Government Law Structure Plans Town and Country Planning Judicial Review of Planning Policy Procedural Fairness Human Rights Act (article 6 Echr)

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Parties

JS Bloor Limited

First Claimant

Terence Melville King

Second Claimant

Swindon Borough Council

1st Defendant

Wiltshire County Council

2nd Defendant

Secretary of State for the Environment, Transport and the Regions

3rd Defendant

Bryant Homes

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Policy DP10 in the Wiltshire Structure Plan 2011 was ultra vires as being too detailed for a structure plan and should have been left to the local plan process
  2. 2 Whether the procedure adopted for the inclusion of Policy DP10 was procedurally unfair or in error, including adequacy of reasons and participation at the Examination in Public
  3. 3 Whether Article 6 ECHR was engaged and breached in the structure plan process

Ratio Decidendi

Policy DP10 was not ultra vires; its inclusion in the structure plan was justified by the strategic importance of Swindon's growth direction and was not excessively detailed for a structure plan. The process adopted, including the comparative appraisal, public consultation, and Examination in Public, was lawful and procedurally fair. There was no breach of Article 6 ECHR as the structure plan process is legislative, not adjudicative. The claimants' challenges on grounds of ultra vires, procedural unfairness, and human rights all fail.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • No order for quashing Policy DP10 in the Wiltshire Structure Plan 2011.