Corus UK Ltd, R (on the application of) v Erewash Borough Council [2007] EWHC 2486 (Admin) (12 October 2007)

Corus UK Ltd, R (on the application of) v Erewash Borough Council [2007] EWHC 2486 (Admin) (12 October 2007)

The Council acted lawfully in applying the off-set policy to housing allocations, was not obliged to include Oakwell Brickworks or a ten-year housing supply, and provided adequate reasons for its decisions. The inspector's recommendations did not require unconditional inclusion of Oakwell Brickworks irrespective of borough-wide housing figures.

Citation
[2007] EWHC 2486 (Admin)
Parties
Claimant: Corus UK Limited; Defendant: Erewash Borough Council
Jurisdiction
England and Wales
Judgment Date
12 October 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Local Plan, Housing Allocation, Inspector's Recommendations, Urban Capacity Study, Off Set Policy
Administrative Law Planning Law Local Plan Housing Allocation Inspector's Recommendations Urban Capacity Study Off Set Policy

Case Brief

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Parties

Corus UK Limited

Claimant

Erewash Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council lawfully excluded Oakwell Brickworks from the Local Plan housing allocation
  2. 2 Whether the Council failed to have regard to material considerations
  3. 3 Whether the Council's reasons for rejecting the inspector's recommendation were adequate

Ratio Decidendi

The Council acted lawfully in applying the off-set policy to housing allocations, was not obliged to include Oakwell Brickworks or a ten-year housing supply, and provided adequate reasons for its decisions. The inspector's recommendations did not require unconditional inclusion of Oakwell Brickworks irrespective of borough-wide housing figures.

Court Disposition

Claim dismissed

Orders

  • Judgment for the defendant
  • Defendant awarded costs of proceedings, to be assessed if not agreed