Barratt Developments Plc v The City of Wakefield Metropolitan District Council & Anor [2010] EWCA Civ 897 (29 July 2010)

Barratt Developments Plc v The City of Wakefield Metropolitan District Council & Anor [2010] EWCA Civ 897 (29 July 2010)

The inspector and council lawfully adopted policy CS6 with a 30% affordable housing target, supported by sufficient economic evidence and allowing for site-specific negotiation; the process and reasoning met statutory and policy requirements, and no irrationality or procedural defect was shown.

Citation
[2010] EWCA Civ 897
Parties
Appellant: Barratt Developments PLC; Respondents: The City of Wakefield Metropolitan District Council & Anr
Jurisdiction
England and Wales
Judgment Date
29 July 2010
Procedural Posture
Judicial Review Appeal / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Affordable Housing Policy, Development Plan Challenges, Judicial Review, Statutory Interpretation, Planning Policy Guidance, Economic Viability Assessment
Planning Law Administrative Law Local Government Law Affordable Housing Policy Development Plan Challenges Judicial Review Statutory Interpretation Planning Policy Guidance +1 more

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Parties

Barratt Developments PLC

Appellant

The City of Wakefield Metropolitan District Council & Anr

Respondents

Procedural Posture

Judicial Review Appeal / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether policy CS6's 30% affordable housing target was supported by robust economic evidence and lawfully adopted
  2. 2 Whether the inspector and council failed to consider economic viability and alternatives as required by national policy
  3. 3 Whether the inspector's reasoning and the policy's flexibility were legally adequate

Ratio Decidendi

The inspector and council lawfully adopted policy CS6 with a 30% affordable housing target, supported by sufficient economic evidence and allowing for site-specific negotiation; the process and reasoning met statutory and policy requirements, and no irrationality or procedural defect was shown.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the legal challenge to policy CS6 is rejected.