Bersted Parish Council v Arun District Council [2003] EWHC 3419 (Admin) (18 December 2003)

Bersted Parish Council v Arun District Council [2003] EWHC 3419 (Admin) (18 December 2003)

Arun District Council acted unlawfully by failing to properly consider whether to hold a further inquiry into objections to the proposed modifications to policy SITE6 and by misinterpreting the inspector's report, adopting the increased housing allocation without first reviewing infrastructure implications as a precondition.

Citation
[2003] EWHC 3419 (Admin)
Parties
Claimant: Bersted Parish Council; Defendant: Arun District Council
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Judicial Review (planning) / High Court Judgment
Outcome
Application allowed; part of the Arun District Local Plan 2003 quashed.
Legal Topics
Local Plan Adoption, Public Inquiry Discretion, Infrastructure Assessment, Judicial Review of Planning Decisions
Administrative Law Planning Law Local Government Law Local Plan Adoption Public Inquiry Discretion Infrastructure Assessment Judicial Review of Planning Decisions

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Parties

Bersted Parish Council

Claimant

Arun District Council

Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment

Legal Issues

  1. 1 Whether Arun District Council lawfully considered the need for a second public inquiry into objections to modifications of policy SITE6 in the Arun District Local Plan 2003.
  2. 2 Whether Arun District Council erred in law by adopting the increased housing allocation at North Bersted without first reviewing infrastructure implications as recommended by the inspector.

Ratio Decidendi

Arun District Council acted unlawfully by failing to properly consider whether to hold a further inquiry into objections to the proposed modifications to policy SITE6 and by misinterpreting the inspector's report, adopting the increased housing allocation without first reviewing infrastructure implications as a precondition.

Court Disposition

Application allowed; part of the Arun District Local Plan 2003 quashed.

Orders

  • The allocation of land for housing development at North Bersted under policy SITE6 in the Arun District Local Plan 2003 is quashed.