Chalfont St Peter Parish Council, R (On the Application Of) v Chiltern District Council

Chalfont St Peter Parish Council, R (On the Application Of) v Chiltern District Council

The Defendant was entitled to treat the land swap proposal as a non-deliverable and therefore not a reasonable alternative, so was not required to subject it to sustainability appraisal. The Inspector's reasoning was adequate and statutory requirements were met.

Parties
Claimant: Chalfont St Peter Parish Council; Defendant: Chiltern District Council
Jurisdiction
England and Wales
Judgment Date
03 July 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Strategic Environmental Assessment, Sustainability Appraisal, Development Plan Documents, Local Authority Powers, Procedural Compliance
Planning Law Administrative Law Strategic Environmental Assessment Sustainability Appraisal Development Plan Documents Local Authority Powers Procedural Compliance

Case Brief

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Parties

Chalfont St Peter Parish Council

Claimant

Chiltern District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant failed to provide an adequate strategic environmental assessment or sustainability appraisal for the site allocation and alternatives
  2. 2 Whether the Inspector reached unlawful conclusions and failed to provide adequate reasons

Ratio Decidendi

The Defendant was entitled to treat the land swap proposal as a non-deliverable and therefore not a reasonable alternative, so was not required to subject it to sustainability appraisal. The Inspector's reasoning was adequate and statutory requirements were met.

Court Disposition

Claim dismissed