Gladman Developments Ltd, R (on the application of) v Aylesbury Vale District Council & Ors

Gladman Developments Ltd, R (on the application of) v Aylesbury Vale District Council & Ors

A neighbourhood development plan can lawfully include policies on housing numbers and locations even in the absence of a development plan document with strategic housing policies, provided it is in general conformity with any existing strategic policies; the examiner was entitled to find the plan met statutory conditions, had regard to relevant guidance, complied with environmental assessment requirements, and gave adequate reasons.

Parties
Claimant: Gladman Developments Limited; Defendant: Aylesbury Vale District Council; Interested Party: Winslow Town Council
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Neighbourhood Development Plans, Strategic Housing Policies, Judicial Review, Statutory Interpretation, Environmental Assessment, Planning Policy Guidance
Planning Law Administrative Law Environmental Law Neighbourhood Development Plans Strategic Housing Policies Judicial Review Statutory Interpretation Environmental Assessment +1 more

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Parties

Gladman Developments Limited

Claimant

Aylesbury Vale District Council

Defendant

Winslow Town Council

Interested Party

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether a neighbourhood development plan can lawfully include housing policies in the absence of a development plan document with strategic housing policies
  2. 2 Whether the examiner erred in law in finding the plan met statutory conditions
  3. 3 Whether the examiner failed to have regard to national planning policy and guidance

Ratio Decidendi

A neighbourhood development plan can lawfully include policies on housing numbers and locations even in the absence of a development plan document with strategic housing policies, provided it is in general conformity with any existing strategic policies; the examiner was entitled to find the plan met statutory conditions, had regard to relevant guidance, complied with environmental assessment requirements, and gave adequate reasons.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review granted
  • Claim for judicial review dismissed