Fox Strategic Land and Property Ltd, R (on the application of) v Chorley Borough Council & Ors

The examiner's conclusions were reasonable, based on appropriate available evidence, and not irrational or unlawful. The councils' charging schedule was lawfully adopted, with sufficient flexibility for future policy changes and review.

Parties: Claimant: Fox Strategic Land and Property Limited; Defendant: Chorley Borough Council; First Interested Party: Preston City Council; Second Interested Party: South Ribble Borough Council
Jurisdiction: England and Wales
Judgment Date: 17 April 2014
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Community Infrastructure Levy, Economic Viability of Development, Judicial Review, Statutory Interpretation

Administrative Law Planning Law Community Infrastructure Levy Economic Viability of Development Judicial Review Statutory Interpretation

Case Brief

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Parties

Fox Strategic Land and Property Limited

Claimant

Chorley Borough Council

Defendant

Preston City Council

First Interested Party

South Ribble Borough Council

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the examiner's approach to evidence on land value and transactions was irrational
2 Whether the examiner failed to understand evidence on dwelling size, density, and cost, and took into account an immaterial consideration
3 Whether it was unlawful to adopt the charging schedule without allowing for the effects of future policy requirements

Ratio Decidendi

Court Disposition

Claim dismissed