Skipton Properties Ltd, R (On the Application Of) v Craven District Council

Skipton Properties Ltd, R (On the Application Of) v Craven District Council

The NAHC 2016 is a Development Plan Document within the meaning of regulation 5(1)(a)(i) of the 2012 Regulations because it contains policies regarding the development and use of land which the Defendant wishes to encourage, specifically affordable housing as a subset of residential development. The Defendant acted unlawfully by failing to consult, carry out a Strategic Environmental Assessment, and submit the document for independent examination. The entire NAHC 2016 is subject to challenge, and the court cannot conclude that the outcome would have been the same had the correct procedures been followed.

Parties
Claimant: Skipton Properties Limited; Defendant: Craven District Council
Jurisdiction
England and Wales
Judgment Date
20 March 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; policy quashed; costs awarded to Claimant.
Legal Topics
Development Plan Documents, Supplementary Planning Documents, Strategic Environmental Assessment, Affordable Housing Policy, Statutory Interpretation
Planning Law Administrative Law Environmental Law Development Plan Documents Supplementary Planning Documents Strategic Environmental Assessment Affordable Housing Policy Statutory Interpretation

Case Brief

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Parties

Skipton Properties Limited

Claimant

Craven District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant acted unlawfully in failing to adopt the NAHC 2016 as a Development Plan Document (DPD) or Supplementary Planning Document (SPD) under the 2012 Regulations
  2. 2 Whether the Defendant breached the SEA Directive and Regulations by failing to carry out an environmental assessment
  3. 3 Whether the scope of the claim included the entirety of the NAHC 2016

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 policies regarding the development and use of land which the Defendant wishes to encourage, specifically affordable housing as a subset of residential development. The Defendant acted unlawfully by failing to consult, carry out a Strategic Environmental Assessment, and submit the document for independent examination. The entire NAHC 2016 is subject to challenge, and the court cannot conclude that the outcome would have been the same had the correct procedures been followed.

Court Disposition

Claim allowed; policy quashed; costs awarded to Claimant.

Orders

  • The claim is allowed.
  • The Defendant’s interim policy document entitled 'Negotiating Affordable Housing Contributions 2016' is quashed.