Malvern Hills District Council v Secretary of State for Communities and Local Government & Anor

Malvern Hills District Council v Secretary of State for Communities and Local Government & Anor

The Inspector failed to give adequate reasons for her assertion that the development complied with Local Plan Policies DS1, DS12 and DS14, constituting a material error of law and approach.

Parties
Claimant: Malvern Hills District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Nick Jones
Jurisdiction
England and Wales
Judgment Date
23 July 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
application granted; decision quashed; matter remitted for redetermination
Legal Topics
Development Plan Compliance, Adequacy of Reasons, National Planning Policy Framework, Housing Supply, Material Considerations
Planning Law Administrative Law Development Plan Compliance Adequacy of Reasons National Planning Policy Framework Housing Supply Material Considerations

Case Brief

Summary, issues, holding and outcome

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Parties

Malvern Hills District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Nick Jones

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector erred in determining compliance with Local Plan Policies DS1, DS12 and DS14
  2. 2 Whether the Inspector failed to give adequate reasons for her finding of compliance
  3. 3 Whether the Inspector failed to have regard to paragraph 55 of the NPPF

Ratio Decidendi

The Inspector failed to give adequate reasons for her assertion that the development complied with Local Plan Policies DS1, DS12 and DS14, constituting a material error of law and approach.

Court Disposition

application granted; decision quashed; matter remitted for redetermination

Orders

  • The Secretary of State’s decision dated 17 February 2015 is quashed.
  • The appeal is remitted to the Secretary of State for redetermination.