Bersted Parish Council v Arun District Council

Bersted Parish Council v Arun District Council

The District Council failed to properly consider whether to hold a further inquiry into objections to the proposed modifications to policy SITE6 and misinterpreted the inspector's report by including the increased housing allocation without first reviewing infrastructure implications. These errors were material and affected the lawfulness of the adoption of the local plan in respect of the North Bersted allocation.

Parties
Claimant: Bersted Parish Council; Defendant: Arun District Council
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Judicial Review (planning) / Judgment
Outcome
Claim allowed; part of local plan quashed
Legal Topics
Local Plans, Public Inquiries, Judicial Review, Infrastructure Assessment, Statutory Interpretation
Administrative Law Planning Law Local Plans Public Inquiries Judicial Review Infrastructure Assessment Statutory Interpretation

Case Brief

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Parties

Bersted Parish Council

Claimant

Arun District Council

Defendant

Procedural Posture

Judicial Review (planning) / Judgment

Legal Issues

  1. 1 Whether Arun District Council lawfully considered the need for a second public inquiry into objections to modifications of draft policy SITE6
  2. 2 Whether Arun District Council erred in law by adopting the housing allocation without first reviewing infrastructure implications

Ratio Decidendi

The District Council failed to properly consider whether to hold a further inquiry into objections to the proposed modifications to policy SITE6 and misinterpreted the inspector's report by including the increased housing allocation without first reviewing infrastructure implications. These errors were material and affected the lawfulness of the adoption of the local plan in respect of the North Bersted allocation.

Court Disposition

Claim allowed; part of local plan quashed

Orders

  • The relevant part of the Arun District Local Plan allocating land for housing development at North Bersted under policy SITE6 is quashed.