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

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

The Inspector was entitled to give only limited weight to the IPP, as it was a temporary, informal policy not subject to the statutory process for development plan documents. The Inspector's reasons were clear and rational. The NPPF requires the inclusion of a buffer in the calculation of housing land supply for both plan-making and development control. Both grounds of challenge were unarguable.

Parties
Claimant: Cheshire East Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Norman Dale; Third Defendant: Mrs Mildred Dale
Jurisdiction
England and Wales
Judgment Date
20 March 2013
Procedural Posture
Judicial Review (planning) / Judgment on Applications to Amend, Strike Out, and for Summary Judgment
Outcome
Claim struck out; application to amend refused; summary judgment application dismissed
Legal Topics
Weight of Interim Planning Policy, Interpretation of National Planning Policy Framework (nppf), Prematurity in Planning Decisions, Housing Land Supply Requirements, Judicial Review Grounds in Planning Appeals
Planning Law Administrative Law Weight of Interim Planning Policy Interpretation of National Planning Policy Framework (nppf) Prematurity in Planning Decisions Housing Land Supply Requirements Judicial Review Grounds in Planning Appeals

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Parties

Cheshire East Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Norman Dale

Second Defendant

Mrs Mildred Dale

Third Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Applications to Amend, Strike Out, and for Summary Judgment

Legal Issues

  1. 1 Whether the Inspector erred in giving only limited weight to the Interim Planning Policy (IPP)
  2. 2 Whether the Inspector misunderstood or misapplied national guidance on housing land supply buffers under the NPPF

Ratio Decidendi

The Inspector was entitled to give only limited weight to the IPP, as it was a temporary, informal policy not subject to the statutory process for development plan documents. The Inspector's reasons were clear and rational. The NPPF requires the inclusion of a buffer in the calculation of housing land supply for both plan-making and development control. Both grounds of challenge were unarguable.

Court Disposition

Claim struck out; application to amend refused; summary judgment application dismissed

Orders

  • Claimant to pay Secretary of State's costs in the agreed sum of £19,158.91
  • Claimant to pay 75% of the Second and Third Defendants' costs, subject to detailed assessment if not agreed, limited in time to 12 March 2013