Skipton Properties Ltd, R (On the Application Of) v Craven District Council [2017] EWHC 534 (Admin) (20 March 2017)

Skipton Properties Ltd, R (On the Application Of) v Craven District Council [2017] EWHC 534 (Admin) (20 March 2017)

The NAHC 2016 is a Development Plan Document within the meaning of regulation 5(1)(a)(i) of the 2012 Regulations because it contains policy statements regarding the development and use of land which the authority wishes to encourage. Its adoption without following the statutory procedures for DPDs was unlawful. The entire NAHC 2016 is subject to challenge, not just new elements. Relief is not precluded by s.31(2A) as it cannot be said the outcome would have been the same had lawful procedures been followed.

Citation
[2017] EWHC 534 (Admin)
Parties
Claimant: Skipton Properties Limited; Defendant: Craven District Council
Jurisdiction
England and Wales
Judgment Date
20 March 2017
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed; NAHC 2016 quashed as unlawfully adopted.
Legal Topics
Development Plan Documents, Supplementary Planning Documents, Strategic Environmental Assessment, Affordable Housing Policy, Judicial Review Procedure
Planning Law Administrative Law Environmental Law Development Plan Documents Supplementary Planning Documents Strategic Environmental Assessment Affordable Housing Policy Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Skipton Properties Limited

Claimant

Craven District Council

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the NAHC 2016 should have been adopted as a Development Plan Document (DPD) under regulation 5(1)(a)(i) or (iv) of the 2012 Regulations
  2. 2 Whether the NAHC 2016 should have been adopted as a Supplementary Planning Document (SPD) under regulation 5(1)(a)(iii)
  3. 3 Whether failure to adopt as DPD or SPD triggered a breach of the SEA Directive and Regulations

Ratio Decidendi

The NAHC 2016 is a Development Plan Document within the meaning of regulation 5(1)(a)(i) of the 2012 Regulations because it contains policy statements regarding the development and use of land which the authority wishes to encourage. Its adoption without following the statutory procedures for DPDs was unlawful. The entire NAHC 2016 is subject to challenge, not just new elements. Relief is not precluded by s.31(2A) as it cannot be said the outcome would have been the same had lawful procedures been followed.

Court Disposition

Claim allowed; NAHC 2016 quashed as unlawfully adopted.

Orders

  • The decision of Craven District Council to adopt the NAHC 2016 is quashed.
  • The Defendant must reconsider the adoption of any affordable housing policy in accordance with statutory procedures for DPDs.