BDW Trading Ltd (t/a Barratt Homes) & Anor v Cheshire West & Chester Borough Council & Ors

BDW Trading Ltd (t/a Barratt Homes) & Anor v Cheshire West & Chester Borough Council & Ors

The Council complied with the SEA Directive and the Basic Conditions; the Examiner properly assessed Policy 1 and provided adequate reasons; there was no apparent bias in the appointment of the Examiner; none of the grounds of challenge succeed.

Parties
Claimant: BDW Trading Limited (t/a Barratt Homes); Claimant: Wainhomes Developments Ltd; Defendant: Cheshire West & Chester Borough Council; Defendant: Stephen Robinson (The Counting Officer for CWCBC); Interested Party: Tattenhall & District Parish Council; Interested Party: Taylor Wimpey UK Ltd
Jurisdiction
England and Wales
Judgment Date
09 May 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Neighbourhood Development Plans, Strategic Environmental Assessment, Local Plan Conformity, Bias in Administrative Decision Making
Administrative Law Planning Law Environmental Law Neighbourhood Development Plans Strategic Environmental Assessment Local Plan Conformity Bias in Administrative Decision Making

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Parties

BDW Trading Limited (t/a Barratt Homes)

Claimant

Wainhomes Developments Ltd

Claimant

Cheshire West & Chester Borough Council

Defendant

Stephen Robinson (The Counting Officer for CWCBC)

Defendant

Tattenhall & District Parish Council

Interested Party

Taylor Wimpey UK Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council complied with the SEA Directive in preparing the Tattenhall Neighbourhood Plan
  2. 2 Whether the Neighbourhood Plan met the Basic Conditions under Schedule 4B of the Town and Country Planning Act 1990
  3. 3 Whether Policy 1 of the TNP was introduced without meaningful evidence and properly examined

Ratio Decidendi

The Council complied with the SEA Directive and the Basic Conditions; the Examiner properly assessed Policy 1 and provided adequate reasons; there was no apparent bias in the appointment of the Examiner; none of the grounds of challenge succeed.

Court Disposition

Claim dismissed