Taylor Wimpey UK Ltd & Anor v Crawley Borough Council

Taylor Wimpey UK Ltd & Anor v Crawley Borough Council

The Core Strategy was unlawful in adopting a key objective that imposed a 60 dBA Leq noise contour restriction for development in the North East Sector without having regard to the West Sussex Structure Plan Policy NE19, which permitted development up to 66 dBA with sound insulation. The inspector failed to provide reasons for this departure and did not base the restriction on a robust evidence base. Additionally, the Core Strategy misrepresented the effect of the Secretary of State's planning decision by overstating the bar to development, thereby introducing an unnecessary and prejudicial obstacle to future planning applications. These errors rendered the relevant parts of the Core...

Parties
Appellants: Taylor Wimpey UK Limited and Beazer Homes Reigate Limited; Respondent: Crawley Borough Council
Jurisdiction
England and Wales
Judgment Date
15 October 2008
Procedural Posture
Statutory Appeal Under Section 113 of the Planning and Compulsory Purchase Act 2004 / Judgment After Full Hearing
Outcome
Appeal allowed in part; impugned passages of the Core Strategy quashed
Legal Topics
Local Development Documents, Planning Policy, Statutory Interpretation, Procedural Fairness
Administrative Law Planning Law Local Development Documents Planning Policy Statutory Interpretation Procedural Fairness

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Parties

Taylor Wimpey UK Limited and Beazer Homes Reigate Limited

Appellants

Crawley Borough Council

Respondent

Procedural Posture

Statutory Appeal Under Section 113 of the Planning and Compulsory Purchase Act 2004 / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Core Strategy failed to have regard to the West Sussex Structure Plan Policy NE19 in setting noise contour restrictions for development in the North East Sector
  2. 2 Whether reasons were given and a credible evidence base existed for the 60 dBA Leq noise contour restriction
  3. 3 Whether the Core Strategy misrepresented the effect of the Secretary of State's planning decision and imposed an unnecessary impediment to development

Ratio Decidendi

The Core Strategy was unlawful in adopting a key objective that imposed a 60 dBA Leq noise contour restriction for development in the North East Sector without having regard to the West Sussex Structure Plan Policy NE19, which permitted development up to 66 dBA with sound insulation. The inspector failed to provide reasons for this departure and did not base the restriction on a robust evidence base. Additionally, the Core Strategy misrepresented the effect of the Secretary of State's planning decision by overstating the bar to development, thereby introducing an unnecessary and prejudicial obstacle to future planning applications. These errors rendered the relevant parts of the Core...

Court Disposition

Appeal allowed in part; impugned passages of the Core Strategy quashed

Orders

  • The second and third sentences of paragraph 2.7 of the Core Strategy are quashed.
  • The words from 'and existing' to the end of the third bullet point in paragraph 11.5 of the Core Strategy are quashed.