Chiltern District Council v Secretary of State for Communities and Local Government

The inspector's decision was unlawful because it failed to give primacy to the local development plan as required by law, and the grounds of challenge would inevitably succeed.

Parties: Claimant: Chiltern District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Mr Frank Lord
Jurisdiction: England and Wales
Judgment Date: 10 March 2015
Procedural Posture: Judicial Review / Judgment
Outcome: challenge allowed; inspector's decision quashed
Legal Topics: Challenge to Inspector's Decision, Local Development Plan Primacy, National Planning Policy Framework, Green Belt Policy

Planning Law Administrative Law Challenge to Inspector's Decision Local Development Plan Primacy National Planning Policy Framework Green Belt Policy

Case Brief

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Parties

Chiltern District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Mr Frank Lord

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether the inspector failed to give primacy to the local development plan as required by law
2 Whether the inspector's decision was unlawful due to contradiction with the National Planning Policy Framework

Ratio Decidendi

The inspector's decision was unlawful because it failed to give primacy to the local development plan as required by law, and the grounds of challenge would inevitably succeed.

Court Disposition

challenge allowed; inspector's decision quashed

Orders

Decision of the inspector quashed
Secretary of State to pay costs up to and including today