Wilson Connolly Ltd., R (on the application of) v First Secretary of State & Anor

Wilson Connolly Ltd., R (on the application of) v First Secretary of State & Anor

The Secretary of State lawfully took a broad view of the Urban Capacity Study and housing shortfall, was not required to provide detailed or site-specific reasoning, and was justified in refusing to release the greenfield site for housing at this time ahead of sequentially preferable sites. The decision was adequately reasoned and supported by the evidence presented.

Parties
Claimant: Wilson Connolly Limited; First Defendant: First Secretary of State; Second Defendant: Swindon Borough Council
Jurisdiction
England and Wales
Judgment Date
14 November 2003
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Town and Country Planning, Judicial Review of Planning Decisions, Interpretation of Planning Policy Guidance (ppg3), Housing Land Supply
Administrative Law Planning Law Town and Country Planning Judicial Review of Planning Decisions Interpretation of Planning Policy Guidance (ppg3) Housing Land Supply

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Parties

Wilson Connolly Limited

Claimant

First Secretary of State

First Defendant

Swindon Borough Council

Second Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Secretary of State lawfully refused to release a greenfield site for housing ahead of sequentially preferable sites identified in the Urban Capacity Study
  2. 2 Whether the Secretary of State gave adequate reasons for differing from the Inspector's recommendation
  3. 3 Whether the Secretary of State's decision was supported by evidence and rational reasoning

Ratio Decidendi

The Secretary of State lawfully took a broad view of the Urban Capacity Study and housing shortfall, was not required to provide detailed or site-specific reasoning, and was justified in refusing to release the greenfield site for housing at this time ahead of sequentially preferable sites. The decision was adequately reasoned and supported by the evidence presented.

Court Disposition

Application dismissed

Orders

  • Application to quash the Secretary of State's decision is dismissed
  • Claimant to pay costs to the First Defendant in the sum of £4,786