RLT Built Environment Ltd, R (on the application of) v The Cornwall Council & Anor [2016] EWHC 2817 (Admin) (10 November 2016)

RLT Built Environment Ltd, R (on the application of) v The Cornwall Council & Anor [2016] EWHC 2817 (Admin) (10 November 2016)

The Council lawfully progressed the St Ives Neighbourhood Development Plan to referendum. Policy H2 did not breach SEA obligations as increasing market housing was not a reasonable alternative; Policy H3 was not irrational and the housing allocation was properly treated as a target. Policy H2 is compatible with Article 8 ECHR as any potential interference is justified, proportionate, and enforcement would consider human rights. The Examiner's findings were not irrational.

Citation
[2016] EWHC 2817 (Admin)
Parties
Claimant: RLT Built Environment Limited; Defendant: Cornwall Council; Interested Party: St Ives Town Council
Jurisdiction
England and Wales
Judgment Date
10 November 2016
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Neighbourhood Development Plans, Strategic Environmental Assessment, Article 8 ECHR, Localism Act 2011, Housing Policy
Planning Law Administrative Law Human Rights Law European Union Law Neighbourhood Development Plans Strategic Environmental Assessment Article 8 ECHR Localism Act 2011 +1 more

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Parties

RLT Built Environment Limited

Claimant

Cornwall Council

Defendant

St Ives Town Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether Policy H2 of the St Ives Neighbourhood Development Plan complies with the SEA Directive and Regulations
  2. 2 Whether Policy H3 complies with the SEA Directive and Regulations
  3. 3 Whether Policy H2 is compatible with Article 8 of the ECHR

Ratio Decidendi

The Council lawfully progressed the St Ives Neighbourhood Development Plan to referendum. Policy H2 did not breach SEA obligations as increasing market housing was not a reasonable alternative; Policy H3 was not irrational and the housing allocation was properly treated as a target. Policy H2 is compatible with Article 8 ECHR as any potential interference is justified, proportionate, and enforcement would consider human rights. The Examiner's findings were not irrational.

Court Disposition

Claim dismissed

Orders

  • No relief granted
  • St Ives Neighbourhood Development Plan may proceed