Corus UK Ltd, R (on the application of) v Erewash Borough Council

Corus UK Ltd, R (on the application of) v Erewash Borough Council

The Council acted lawfully and within the scope of the inspector's recommendations by relying on the off-set policy of borough-wide housing over-provision to justify not allocating Oakwell Brickworks or other H1 sites. The inspector's recommendation was not unconditional and permitted the Council to adopt the off-set approach. There was no failure to consider material considerations or to provide adequate reasons.

Parties
Claimant: Corus UK Limited; Defendant: Erewash Borough Council
Jurisdiction
England and Wales
Judgment Date
12 October 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Local Plans, Housing Allocation, Inspector's Recommendations, Judicial Review of Local Authority Decisions
Administrative Law Planning Law Local Plans Housing Allocation Inspector's Recommendations Judicial Review of Local Authority Decisions

Case Brief

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Parties

Corus UK Limited

Claimant

Erewash Borough Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Council lawfully rejected the inspector's recommendation to allocate Oakwell Brickworks for housing in the Local Plan
  2. 2 Whether the Council's reliance on borough-wide housing over-provision (off-set policy) was permissible
  3. 3 Whether the Council failed to have regard to material considerations, including the inspector's comments on a ten-year housing land supply

Ratio Decidendi

The Council acted lawfully and within the scope of the inspector's recommendations by relying on the off-set policy of borough-wide housing over-provision to justify not allocating Oakwell Brickworks or other H1 sites. The inspector's recommendation was not unconditional and permitted the Council to adopt the off-set approach. There was no failure to consider material considerations or to provide adequate reasons.

Court Disposition

Claim dismissed

Orders

  • Judgment for the defendant
  • Claimant to pay defendant's costs, to be assessed if not agreed