Cheshire East Borough Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 571 (Admin) (16 March 2016)

Cheshire East Borough Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 571 (Admin) (16 March 2016)

Paragraph 14 of the NPPF provides the process for determining whether a proposal constitutes sustainable development. There is no requirement for a separate or prior assessment of sustainability before applying the presumption in paragraph 14. The Inspector's approach was legally correct, and the application of the presumption was not circular or erroneous.

Citation
[2016] EWHC 571 (Admin)
Parties
Claimant: Cheshire East Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Renew Land Developments Ltd
Jurisdiction
England and Wales
Judgment Date
16 March 2016
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application refused
Legal Topics
Sustainable Development, Interpretation of National Planning Policy Framework (nppf), Presumption in Favour of Sustainable Development, Judicial Review of Planning Decisions
Planning Law Administrative Law Public Law Sustainable Development Interpretation of National Planning Policy Framework (nppf) Presumption in Favour of Sustainable Development Judicial Review of Planning Decisions

Case Brief

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Parties

Cheshire East Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Renew Land Developments Ltd

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Inspector's approach to 'sustainable development' under paragraph 14 of the NPPF was legally flawed
  2. 2 Whether a separate assessment of sustainability is required before applying paragraph 14 of the NPPF

Ratio Decidendi

Paragraph 14 of the NPPF provides the process for determining whether a proposal constitutes sustainable development. There is no requirement for a separate or prior assessment of sustainability before applying the presumption in paragraph 14. The Inspector's approach was legally correct, and the application of the presumption was not circular or erroneous.

Court Disposition

Application refused

Orders

  • Application under section 288 of the Town and Country Planning Act 1990 is refused