Adams (t/a Strategic Land Partnerships) v Secretary of State for Communities and Local Government & Anor

The Inspector did not err in law in his interpretation of the relevant planning policies or in his assessment of harm to the AONB. The balancing exercise between housing need and landscape protection was properly conducted and the decision was within the range of reasonable responses open to him. No error of law is disclosed.

Parties: Claimant: Terence Charles Adams trading as Strategic Land Partnerships; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Cheltenham Borough Council
Jurisdiction: England and Wales
Judgment Date: 08 April 2009
Procedural Posture: Judicial Review (planning) / Judgment on Application to Quash Planning Decision
Outcome: Application dismissed
Legal Topics: Town and Country Planning, Judicial Review, Areas of Outstanding Natural Beauty (aonb), Housing Policy, Development Plans

Administrative Law Planning Law Town and Country Planning Judicial Review Areas of Outstanding Natural Beauty (aonb) Housing Policy Development Plans

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Parties

Terence Charles Adams trading as Strategic Land Partnerships

Claimant

Secretary of State for Communities and Local Government

First Defendant

Cheltenham Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Decision

Legal Issues

1 Whether the Planning Inspector erred in law in dismissing the claimant's appeal against refusal of planning permission by misinterpreting policy and/or failing to take account of relevant factors.

Ratio Decidendi

Court Disposition

Application dismissed