Wokingham Borough Council v Secretary of State for Housing, Communities And Local Government & Anor [2019] EWHC 3158 (Admin) (21 November 2019)

Wokingham Borough Council v Secretary of State for Housing, Communities And Local Government & Anor [2019] EWHC 3158 (Admin) (21 November 2019)

The Inspector's reasons for affording 'significant' rather than 'full' weight to the conflict with development plan policies were intelligible and adequate; the Inspector's assessment was rational and within his planning judgment; there was no failure to consider material considerations or unfairness; and the claim did not demonstrate substantial prejudice or legal error.

Citation
[2019] EWHC 3158 (Admin)
Parties
Claimant: Wokingham Borough Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Taylor Wimpey UK Limited; Interested Party: Darrell John Beasley; Interested Party: Beverley Anne Beasley
Jurisdiction
England and Wales
Judgment Date
21 November 2019
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Weight to Be Given to Development Plan Policies, Interpretation of Out of Date Planning Policies, Presumption in Favour of Sustainable Development, Adequacy of Reasons in Planning Decisions
Planning Law Administrative Law Judicial Review Weight to Be Given to Development Plan Policies Interpretation of Out of Date Planning Policies Presumption in Favour of Sustainable Development Adequacy of Reasons in Planning Decisions

Case Brief

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Parties

Wokingham Borough Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Taylor Wimpey UK Limited

Second Defendant

Darrell John Beasley

Interested Party

Beverley Anne Beasley

Interested Party

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by not affording full weight to conflict with development plan policies CP9, CP11, and CC02
  2. 2 Whether the Inspector gave adequate reasons for his conclusion
  3. 3 Whether the Inspector took into account immaterial considerations or acted irrationally

Ratio Decidendi

The Inspector's reasons for affording 'significant' rather than 'full' weight to the conflict with development plan policies were intelligible and adequate; the Inspector's assessment was rational and within his planning judgment; there was no failure to consider material considerations or unfairness; and the claim did not demonstrate substantial prejudice or legal error.

Court Disposition

Claim dismissed