Crownhall Estates Ltd, R (on the application of) v Chichester District Council & Ors

Crownhall Estates Ltd, R (on the application of) v Chichester District Council & Ors

The Examiner and CDC lawfully considered national policy, gave adequate reasons, correctly interpreted windfall site policy, and the site scoring system did not materially affect the outcome; all grounds of challenge fail.

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
Outcome
Applications for judicial review dismissed.
Legal Topics
Neighbourhood Development Plans, Local Plan Adoption, Judicial Review, Statutory Interpretation, Housing Allocation
Planning Law Administrative Law Neighbourhood Development Plans Local Plan Adoption Judicial Review Statutory Interpretation Housing Allocation

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Parties

Crownhall Estates Limited

Claimant

Chichester District Council

Defendant

Loxwood Parish Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment

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 policies
  2. 2 Whether adequate reasons were given for allocating land for only 60 new dwellings
  3. 3 Whether windfall sites were correctly treated in the Loxwood Neighbourhood Plan

Ratio Decidendi

The Examiner and CDC lawfully considered national policy, gave adequate reasons, correctly interpreted windfall site policy, and the site scoring system did not materially affect the outcome; all grounds of challenge fail.

Court Disposition

Applications for judicial review dismissed.

Orders

  • Judicial review claims CO/1812/2015 and CO/2669/2015 dismissed.
  • No relief granted to Claimant.