Police And Crime Commissioner for Leicestershire, R (On the Application Of) v Hallam Land Management Ltd & Ors [2014] EWHC 1719 (Admin) (27 May 2014)

Police And Crime Commissioner for Leicestershire, R (On the Application Of) v Hallam Land Management Ltd & Ors [2014] EWHC 1719 (Admin) (27 May 2014)

The Defendant's approach to the section 106 agreement, including the timing and quantum of police contributions, was not irrational or unfair in public law terms. There was no clear legitimate expectation of further consultation on the specific terms. Any technical breach of Article 36 DMPO caused no prejudice and did not invalidate the planning permission.

Citation
[2014] EWHC 1719 (Admin)
Parties
Claimant: The Police and Crime Commissioner for Leicestershire; Defendant: Blaby District Council; Interested Party: Hallam Land Management Limited; Interested Party: David Wilson Homes Limited; Interested Party: Davidsons Developments Limited; Interested Party: BDW Trading Limited; Interested Party: Leicestershire County Council; Interested Party: Martin Frank Spokes; Interested Party: Richard Thomas Spokes; Interested Party: Helen Joans Jones; Interested Party: Frances Alison Mark Hicks; Interested Party: The Trustees of the Will Trusts of Eric Roderick Brook Drummond
Jurisdiction
England and Wales
Judgment Date
27 May 2014
Procedural Posture
Judicial Review / Substantive Hearing Following Rolled Up Permission and Substantive Hearing
Outcome
Claim dismissed; permission granted on grounds 1 and 3, refused on grounds 2 and 4.
Legal Topics
Section 106 Agreements, Community Infrastructure Levy (cil) Compliance, Judicial Review, Legitimate Expectation, Planning Permission, Public Law Irrationality
Planning Law Administrative Law Local Government Law Section 106 Agreements Community Infrastructure Levy (cil) Compliance Judicial Review Legitimate Expectation Planning Permission +1 more

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Parties

The Police and Crime Commissioner for Leicestershire

Claimant

Blaby District Council

Defendant

Hallam Land Management Limited

Interested Party

David Wilson Homes Limited

Interested Party

Davidsons Developments Limited

Interested Party

BDW Trading Limited

Interested Party

Leicestershire County Council

Interested Party

Martin Frank Spokes

Interested Party

Richard Thomas Spokes

Interested Party

Helen Joans Jones

Interested Party

Frances Alison Mark Hicks

Interested Party

The Trustees of the Will Trusts of Eric Roderick Brook Drummond

Interested Party

Procedural Posture

Judicial Review / Substantive Hearing Following Rolled Up Permission and Substantive Hearing

Legal Issues

  1. 1 Whether the section 106 agreement adequately and rationally secured timely and sufficient police contributions to mitigate the impact of the development
  2. 2 Whether the Defendant acted irrationally or unfairly in the negotiation and conclusion of the section 106 agreement
  3. 3 Whether there was a legitimate expectation of consultation with the police on the timing and level of contributions

Ratio Decidendi

The Defendant's approach to the section 106 agreement, including the timing and quantum of police contributions, was not irrational or unfair in public law terms. There was no clear legitimate expectation of further consultation on the specific terms. Any technical breach of Article 36 DMPO caused no prejudice and did not invalidate the planning permission.

Court Disposition

Claim dismissed; permission granted on grounds 1 and 3, refused on grounds 2 and 4.

Orders

  • Permission to apply for judicial review granted on grounds 1 and 3, refused on grounds 2 and 4.
  • Substantive claim for judicial review dismissed.