Grand Union Investments Ltd v Dacorum Borough Council

Grand Union Investments Ltd v Dacorum Borough Council

The Council's adoption of the core strategy, incorporating Main Modification 28, was lawful and rational; the inspector's recommendation was proportionate to the identified flaws, and SEA obligations were met as the review was not a substantive proposal requiring assessment.

Parties
Claimant: Grand Union Investments Limited; Defendant: Dacorum Borough Council
Jurisdiction
England and Wales
Judgment Date
12 June 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Local Development Plans, Soundness of Planning Documents, Strategic Environmental Assessment, National Planning Policy Framework, Housing Needs Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Grand Union Investments Limited

Claimant

Dacorum Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

  1. 1 Whether the Council could lawfully adopt its core strategy without first assessing full housing needs and committing to an early review
  2. 2 Whether the Council's sustainability appraisal and SEA obligations were discharged in relation to Main Modification 28

Ratio Decidendi

The Council's adoption of the core strategy, incorporating Main Modification 28, was lawful and rational; the inspector's recommendation was proportionate to the identified flaws, and SEA obligations were met as the review was not a substantive proposal requiring assessment.

Court Disposition

Application dismissed