Ribble Industrial Estates Ltd v Burnley Borough Council [2008] EWHC 178 (Admin) (07 February 2008)

Ribble Industrial Estates Ltd v Burnley Borough Council [2008] EWHC 178 (Admin) (07 February 2008)

The Council's failure to comply with Regulation 27 by not stating the reason for departing from the Inspector's recommendation (delay to the Plan) did not cause substantial prejudice to the claimant, who had no direct interest in the sites. The Council's decision was rational and within its powers. The application to quash the employment chapter of the Local Plan fails.

Citation
[2008] EWHC 178 (Admin)
Parties
Claimant: Ribble Industrial Estates Ltd; Defendant: Burnley Borough Council
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Judicial Review (planning) / High Court Judgment
Outcome
Application dismissed
Legal Topics
Local Plan Adoption, Employment Land Allocation, Procedural Fairness, Statutory Compliance
Planning Law Administrative Law Local Plan Adoption Employment Land Allocation Procedural Fairness Statutory Compliance

Case Brief

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Parties

Ribble Industrial Estates Ltd

Claimant

Burnley Borough Council

Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment

Legal Issues

  1. 1 Whether the inclusion of Hepworths and Stoneyholme sites in the Burnley Local Plan was lawful without further feasibility study or inquiry
  2. 2 Whether procedural breaches (failure to comply with Regulation 27) substantially prejudiced the claimant

Ratio Decidendi

The Council's failure to comply with Regulation 27 by not stating the reason for departing from the Inspector's recommendation (delay to the Plan) did not cause substantial prejudice to the claimant, who had no direct interest in the sites. The Council's decision was rational and within its powers. The application to quash the employment chapter of the Local Plan fails.

Court Disposition

Application dismissed

Orders

  • Application to quash the employment chapter of the Burnley Local Plan, whether wholly or in part, is dismissed.