Cheshire East Borough Council v Secretary of State for Communities and Local Government & Anor

Cheshire East Borough Council v Secretary of State for Communities and Local Government & Anor

Paragraph 14 of the NPPF is not circular and does not require a prior or separate assessment of sustainability; it provides the process for determining whether a proposal constitutes sustainable development by weighing benefits and adverse impacts, with a presumption in favour unless adverse impacts significantly and demonstrably outweigh the benefits.

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 (planning) / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application refused
Legal Topics
Sustainable Development, Interpretation of National Planning Policy Framework (nppf), Section 288 Town and Country Planning Act 1990, Presumption in Favour of Sustainable Development
Planning Law Administrative Law Sustainable Development Interpretation of National Planning Policy Framework (nppf) Section 288 Town and Country Planning Act 1990 Presumption in Favour of Sustainable Development

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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 (planning) / Judgment on Application to Quash Planning Inspector's Decision

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 is not circular and does not require a prior or separate assessment of sustainability; it provides the process for determining whether a proposal constitutes sustainable development by weighing benefits and adverse impacts, with a presumption in favour unless adverse impacts significantly and demonstrably outweigh the benefits.

Court Disposition

Application refused

Orders

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