Hunston Properties Ltd v Secretary of State for Communities and Local Government

Hunston Properties Ltd v Secretary of State for Communities and Local Government

The Inspector erred in law by adopting a housing need figure that did not reflect the full objectively assessed needs for market and affordable housing as required by the NPPF. The proper approach was to assess need based on the best available evidence, then determine whether unmet need, together with other factors, clearly outweighed Green Belt harm. The Inspector's reliance on a constraint-adjusted, revoked policy figure was wrong in law and could have made a difference to the outcome. The error regarding the Cabinet resolution was immaterial. The costs order was not irrational and was a proper exercise of discretion.

Parties
Claimant: Hunston Properties Ltd; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: St Albans City and District Council
Jurisdiction
England and Wales
Judgment Date
05 September 2013
Procedural Posture
Judicial Review and Statutory Appeal / Judgment After Rolled Up Hearing
Outcome
Appeal allowed; Inspector's decision quashed. Judicial review claim dismissed.
Legal Topics
Town and Country Planning, Green Belt Policy, Judicial Review, Statutory Appeal, Housing Need Assessment
Planning Law Administrative Law Town and Country Planning Green Belt Policy Judicial Review Statutory Appeal Housing Need Assessment

Case Brief

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Parties

Hunston Properties Ltd

Claimant

Secretary of State for Communities and Local Government

First Defendant

St Albans City and District Council

Second Defendant

Procedural Posture

Judicial Review and Statutory Appeal / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Inspector erred in law by adopting a housing need figure that did not reflect the full objectively assessed needs as required by the National Planning Policy Framework (NPPF)
  2. 2 Whether the Inspector's reliance on a Cabinet resolution rather than a full Council decision was a material error
  3. 3 Whether the Inspector's costs order was irrational

Ratio Decidendi

The Inspector erred in law by adopting a housing need figure that did not reflect the full objectively assessed needs for market and affordable housing as required by the NPPF. The proper approach was to assess need based on the best available evidence, then determine whether unmet need, together with other factors, clearly outweighed Green Belt harm. The Inspector's reliance on a constraint-adjusted, revoked policy figure was wrong in law and could have made a difference to the outcome. The error regarding the Cabinet resolution was immaterial. The costs order was not irrational and was a proper exercise of discretion.

Court Disposition

Appeal allowed; Inspector's decision quashed. Judicial review claim dismissed.

Orders

  • The substantive decision of the Inspector to dismiss the s.78 appeal is quashed.
  • Permission is given to continue the judicial review proceedings, but the judicial review claim is dismissed.