Crownhall Estates Ltd, R (on the application of) v Chichester District Council & Ors [2016] EWHC 73 (Admin) (21 January 2016)

Crownhall Estates Ltd, R (on the application of) v Chichester District Council & Ors [2016] EWHC 73 (Admin) (21 January 2016)

The Examiner and Chichester District Council lawfully considered whether it was appropriate to make the Loxwood Neighbourhood Plan having regard to national policy, gave adequate and intelligible reasons for allocating land for a minimum of 60 dwellings, correctly interpreted the treatment of windfall sites, and lawfully applied the site selection criteria. There was no legal requirement for the Neighbourhood Plan to meet the full objectively assessed housing need for the district or to allocate the Claimant's site. The statutory and policy framework was properly applied and no error of law was established.

Citation
[2016] EWHC 73 (Admin)
Parties
Claimant: Crownhall Estates Limited; Defendant: Chichester District Council; Interested Party: Loxwood Parish Council
Jurisdiction
England and Wales
Judgment Date
21 January 2016
Procedural Posture
Judicial Review / Final Judgment After Consolidated Hearing of Two Claims
Outcome
Claim dismissed
Legal Topics
Neighbourhood Development Plans, Statutory Interpretation, Judicial Review, National Planning Policy Framework, Housing Allocation, Duty to Give Reasons
Administrative Law Planning Law Local Government Law Neighbourhood Development Plans Statutory Interpretation Judicial Review National Planning Policy Framework Housing Allocation +1 more

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Parties

Crownhall Estates Limited

Claimant

Chichester District Council

Defendant

Loxwood Parish Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Consolidated Hearing of Two Claims

Legal Issues

  1. 1 Whether the Examiner and Chichester District Council failed to consider if it was appropriate to make the Loxwood Neighbourhood Plan having regard to national policy
  2. 2 Whether adequate reasons were given for allocating land for only 60 dwellings
  3. 3 Whether there was an error in the treatment of windfall sites in the Neighbourhood Plan

Ratio Decidendi

The Examiner and Chichester District Council lawfully considered whether it was appropriate to make the Loxwood Neighbourhood Plan having regard to national policy, gave adequate and intelligible reasons for allocating land for a minimum of 60 dwellings, correctly interpreted the treatment of windfall sites, and lawfully applied the site selection criteria. There was no legal requirement for the Neighbourhood Plan to meet the full objectively assessed housing need for the district or to allocate the Claimant's site. The statutory and policy framework was properly applied and no error of law was established.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order quashing the making of the Loxwood Neighbourhood Plan