Wainhomes (South West) Holdings Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 914 (Admin) (04 April 2012)

Wainhomes (South West) Holdings Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 914 (Admin) (04 April 2012)

The Secretary of State's decision to refuse planning permission was lawful and rational, as the proposed development was of such a scale that granting permission would prejudice decisions that ought properly to be taken locally as part of the Local Development Framework process. The Binhamy Farm decision was not materially identical due to significant differences in scale and impact, and the Secretary of State was not required to provide reasons for distinguishing it. Adequate reasons were given for the refusal, focusing on the scale, location, and impact of the development, and the importance of local decision-making.

Citation
[2012] EWHC 914 (Admin)
Parties
Claimant: Wainhomes (South West) Holdings Ltd; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Town and Country Planning, Prematurity in Planning Decisions, Localism Policy, Consistency in Planning Decisions
Administrative Law Planning Law Town and Country Planning Prematurity in Planning Decisions Localism Policy Consistency in Planning Decisions

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Parties

Wainhomes (South West) Holdings Ltd

Claimant

Secretary of State for Communities and Local Government

First Defendant

Cornwall Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State's decision was inconsistent with previous materially similar decisions, particularly Binhamy Farm, Bude
  2. 2 Whether the Secretary of State's decision was internally inconsistent or irrational
  3. 3 Whether adequate reasons were given for the decision, especially regarding prematurity

Ratio Decidendi

The Secretary of State's decision to refuse planning permission was lawful and rational, as the proposed development was of such a scale that granting permission would prejudice decisions that ought properly to be taken locally as part of the Local Development Framework process. The Binhamy Farm decision was not materially identical due to significant differences in scale and impact, and the Secretary of State was not required to provide reasons for distinguishing it. Adequate reasons were given for the refusal, focusing on the scale, location, and impact of the development, and the importance of local decision-making.

Court Disposition

Application refused