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 additional housing in the North Bersted allocation without first reviewing infrastructure implications. These errors rendered the adoption of that part of the local plan unlawful.

Parties
Claimant: Bersted Parish Council; Defendant: Arun District Council
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim allowed; relevant part of the local plan quashed.
Legal Topics
Local Plans, Statutory Interpretation, Procedural Fairness, Judicial Review, Infrastructure Planning
Administrative Law Planning Law Local Plans Statutory Interpretation Procedural Fairness Judicial Review Infrastructure Planning

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Parties

Bersted Parish Council

Claimant

Arun District Council

Defendant

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

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

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 additional housing in the North Bersted allocation without first reviewing infrastructure implications. These errors rendered the adoption of that part of the local plan unlawful.

Court Disposition

Claim allowed; relevant part of the local plan quashed.

Orders

  • Order quashing the North Bersted housing allocation in the Arun District Local Plan 2003.