Police And Crime Commissioner for Leicestershire, R (On the Application Of) v Hallam Land Management Ltd & Ors

Police And Crime Commissioner for Leicestershire, R (On the Application Of) v Hallam Land Management Ltd & Ors

The Defendant's negotiation and decision-making process regarding police contributions in the section 106 agreement was rational and did not breach public law standards. No legitimate expectation of consultation was established, and any procedural breach of Article 36 DMPO caused no prejudice. Grounds for judicial review are dismissed.

Parties
Claimant: The Queen (on the application of The Police and Crime Commissioner for Leicestershire); Defendant: Blaby District Council; Interested Party 1: Hallam Land Management Limited; Interested Party 2: David Wilson Homes Limited; Interested Party 3: Davidsons Developments Limited; Interested Party 4: BDW Trading Limited; Interested Party 5: Leicestershire County Council; Interested Party 6: Martin Frank Spokes; Interested Party 7: Richard Thomas Spokes; Interested Party 8: Helen Joans Jones; Interested Party 9: The Trustees of the Will Trusts of Eric Frances Alison Mark Hicks; Interested Party 10: Roderick Brook Drummond
Jurisdiction
England and Wales
Judgment Date
27 May 2014
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Substantive claims for judicial review dismissed; permission granted on grounds 1 and 3 but refused on grounds 2 and 4; permission to appeal refused.
Legal Topics
Section 106 Agreements, Community Infrastructure Levy (cil) Compliance, Legitimate Expectation, Planning Permission, Public Law Irrationality, Development Management Procedure Order
Planning Law Administrative Law Public Law Section 106 Agreements Community Infrastructure Levy (cil) Compliance Legitimate Expectation Planning Permission Public Law Irrationality +1 more

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Parties

The Queen (on the application of The Police and Crime Commissioner for Leicestershire)

Claimant

Blaby District Council

Defendant

Hallam Land Management Limited

Interested Party 1

David Wilson Homes Limited

Interested Party 2

Davidsons Developments Limited

Interested Party 3

BDW Trading Limited

Interested Party 4

Leicestershire County Council

Interested Party 5

Martin Frank Spokes

Interested Party 6

Richard Thomas Spokes

Interested Party 7

Helen Joans Jones

Interested Party 8

The Trustees of the Will Trusts of Eric Frances Alison Mark Hicks

Interested Party 9

Roderick Brook Drummond

Interested Party 10

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the section 106 agreement adequately and rationally secures timely police contributions to mitigate the impact of the development
  2. 2 Whether officers should have referred the matter back to committee due to failure to secure appropriate mitigation
  3. 3 Whether the police had a legitimate expectation of consultation on the level and timing of contributions

Ratio Decidendi

The Defendant's negotiation and decision-making process regarding police contributions in the section 106 agreement was rational and did not breach public law standards. No legitimate expectation of consultation was established, and any procedural breach of Article 36 DMPO caused no prejudice. Grounds for judicial review are dismissed.

Court Disposition

Substantive claims for judicial review dismissed; permission granted on grounds 1 and 3 but refused on grounds 2 and 4; permission to appeal refused.

Orders

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