Chalfont St Peter Parish Council v Chiltern District Council

Chalfont St Peter Parish Council v Chiltern District Council

The Court held that the District Council was not obliged to consider the 'land swap' proposal as a reasonable alternative in its sustainability appraisal because it was not deliverable or viable, given the County Council's position and lack of a business plan. The Inspector's reasons were adequate, as the Parish Council was not substantially prejudiced by any omission. The planning committee did not make a reviewable error of fact regarding the playing fields, as the evidence was contentious and evaluative. Policy CSF2 did not require a like-for-like replacement of the school facility, and even if it did, no different outcome would have resulted as the buildings were not required for...

Parties
Appellant: Chalfont St Peter Parish Council; Respondent: Chiltern District Council; Interested Party: Holy Cross Sisters Trustees Inc
Jurisdiction
England and Wales
Judgment Date
28 October 2014
Procedural Posture
Civil Appeal (planning/administrative) / Appeal From High Court to Court of Appeal
Outcome
Both appeals dismissed
Legal Topics
Development Plans, Judicial Review, Statutory Challenge, Sustainability Appraisal, Community Facilities, Planning Permission, Interpretation of Planning Policy
Planning Law Administrative Law Local Government Law Environmental Law Development Plans Judicial Review Statutory Challenge Sustainability Appraisal +3 more

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Parties

Chalfont St Peter Parish Council

Appellant

Chiltern District Council

Respondent

Holy Cross Sisters Trustees Inc

Interested Party

Procedural Posture

Civil Appeal (planning/administrative) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the District Council was obliged to consider the 'land swap' proposal as a reasonable alternative in its sustainability appraisal under Directive 2001/42/EC and the SEA Regulations
  2. 2 Whether the Inspector's reasons for rejecting the Parish Council's objections were adequate
  3. 3 Whether the planning committee made a reviewable error of fact regarding the extent of playing fields on the site

Ratio Decidendi

The Court held that the District Council was not obliged to consider the 'land swap' proposal as a reasonable alternative in its sustainability appraisal because it was not deliverable or viable, given the County Council's position and lack of a business plan. The Inspector's reasons were adequate, as the Parish Council was not substantially prejudiced by any omission. The planning committee did not make a reviewable error of fact regarding the playing fields, as the evidence was contentious and evaluative. Policy CSF2 did not require a like-for-like replacement of the school facility, and even if it did, no different outcome would have resulted as the buildings were not required for...

Court Disposition

Both appeals dismissed

Orders

  • Appeals dismissed; no quashing of planning permission or core strategy
  • No order for remittal to the planning authority