McCarthy & Stone Developments Ltd, R (on the application of) v Wirral Borough Council Legal Department [2006] EWHC 390 (Admin) (20 February 2006)

McCarthy & Stone Developments Ltd, R (on the application of) v Wirral Borough Council Legal Department [2006] EWHC 390 (Admin) (20 February 2006)

The Inspector failed to have regard to or properly interpret the relevant development plan policy, particularly RPG13 paragraph 3.18, and applied an erroneous standard of proof and restrictive requirements not found in the policy, constituting an error of law.

Citation
[2006] EWHC 390 (Admin)
Parties
Claimant: McCarthy and Stone Developments Limited; 1st Defendant: First Secretary of State; 2nd Defendant: Wirral Borough Council Legal Department
Jurisdiction
England and Wales
Judgment Date
20 February 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
application allowed; Inspector's decision quashed
Legal Topics
Development Plan Interpretation, Planning Permission, Adequacy of Reasons, Local Housing Need
Planning Law Administrative Law Development Plan Interpretation Planning Permission Adequacy of Reasons Local Housing Need

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Parties

McCarthy and Stone Developments Limited

Claimant

First Secretary of State

1st Defendant

Wirral Borough Council Legal Department

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector disregarded or misinterpreted relevant development plan policies, particularly RPG13 policy SD3 and paragraph 3.18
  2. 2 Whether the Inspector gave legally adequate reasons for his conclusions on local housing need
  3. 3 Whether the Inspector wrongly required housing needs to be established through the development plan process rather than the appeal process

Ratio Decidendi

The Inspector failed to have regard to or properly interpret the relevant development plan policy, particularly RPG13 paragraph 3.18, and applied an erroneous standard of proof and restrictive requirements not found in the policy, constituting an error of law.

Court Disposition

application allowed; Inspector's decision quashed

Orders

  • Inspector's decision letter quashed
  • First Secretary of State to pay claimant's costs assessed at £15,000 including VAT