Bersted Parish Council v Arun District Council [2003] EWHC 3149 (Admin) (18 December 2003)

Bersted Parish Council v Arun District Council [2003] EWHC 3149 (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 conditional recommendation regarding increased housing allocation at North Bersted, resulting in adoption of the local plan without first reviewing infrastructure implications as required.

Citation
[2003] EWHC 3149 (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 in part; relevant part of the Arun District Local Plan 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 Local Plan
  2. 2 Whether Arun District Council lawfully reviewed infrastructure implications before adopting increased housing allocation at North Bersted

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 conditional recommendation regarding increased housing allocation at North Bersted, resulting in adoption of the local plan without first reviewing infrastructure implications as required.

Court Disposition

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

Orders

  • Quashing of the part of the Arun District Local Plan 2003 allocating land for housing development at North Bersted under policy SITE6.