CPRE Surrey v Waverley Borough Council

CPRE Surrey v Waverley Borough Council

The inspector's approach to assessing and accommodating unmet housing need from Woking in Waverley's Local Plan Part 1 was lawful, reasonable, and within the scope of planning judgment. There was no requirement to use the latest projections, seek further information, or recommend a review. The reasons given were adequate and intelligible. No error of law or unreasonableness was demonstrated.

Parties
Appellant: CPRE Surrey; Respondent: Waverley Borough Council; Interested Party: Secretary of State for Housing, Communities and Local Government; Interested Party: Dunsfold Airport Ltd.; Appellant: POW Campaign Ltd.; Other: Guildford Borough Council; Other: Woking Borough Council
Jurisdiction
England and Wales
Judgment Date
31 October 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Applications Under Section 113 of the Planning and Compulsory Purchase Act 2004
Outcome
Appeals dismissed
Legal Topics
Local Plan Examination, Objectively Assessed Need (oan), Unmet Housing Need, Duty to Cooperate, Judicial Review of Planning Decisions, Adequacy of Reasons
Planning Law Administrative Law Local Government Law Local Plan Examination Objectively Assessed Need (oan) Unmet Housing Need Duty to Cooperate Judicial Review of Planning Decisions +1 more

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Parties

CPRE Surrey

Appellant

Waverley Borough Council

Respondent

Secretary of State for Housing, Communities and Local Government

Interested Party

Dunsfold Airport Ltd.

Interested Party

POW Campaign Ltd.

Appellant

Guildford Borough Council

Other

Woking Borough Council

Other

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Applications Under Section 113 of the Planning and Compulsory Purchase Act 2004

Legal Issues

  1. 1 Whether the inspector's approach to the assessment of unmet housing need in Woking was unlawful and his conclusion unreasonable
  2. 2 Whether the inspector's assessment was vitiated by a failure to seek further information
  3. 3 Whether the inspector was obliged to recommend a review of the Local Plan

Ratio Decidendi

The inspector's approach to assessing and accommodating unmet housing need from Woking in Waverley's Local Plan Part 1 was lawful, reasonable, and within the scope of planning judgment. There was no requirement to use the latest projections, seek further information, or recommend a review. The reasons given were adequate and intelligible. No error of law or unreasonableness was demonstrated.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed; High Court judgment affirmed; no order for review or remittal