Gladman Developments Ltd v Daventry District Council & Anor [2016] EWCA Civ 1146 (23 November 2016)

Gladman Developments Ltd v Daventry District Council & Anor [2016] EWCA Civ 1146 (23 November 2016)

The Planning Inspector failed to properly assess the consistency of saved Local Plan policies HS22 and HS24 with the full range of policies in the NPPF as required by paragraph 215, focusing too narrowly on NPPF paragraphs 47 and 49 and not considering other relevant policies. This constituted an error of law, justifying the quashing of the Inspector's decision.

Citation
[2016] EWCA Civ 1146
Parties
Appellant: Gladman Developments Limited; Respondent: Daventry District Council; Interested Party: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
23 November 2016
Procedural Posture
Planning Appeal / Appeal From High Court Decision Quashing Inspector's Grant of Planning Permission
Outcome
Appeal dismissed
Legal Topics
Consistency of Development Plan Policies With National Planning Policy Framework, Weight to Be Given to Old Planning Policies, Five Year Housing Land Supply, Material Considerations in Planning Decisions
Administrative Law Planning Law Consistency of Development Plan Policies With National Planning Policy Framework Weight to Be Given to Old Planning Policies Five Year Housing Land Supply Material Considerations in Planning Decisions

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Parties

Gladman Developments Limited

Appellant

Daventry District Council

Respondent

Secretary of State for Communities and Local Government

Interested Party

Procedural Posture

Planning Appeal / Appeal From High Court Decision Quashing Inspector's Grant of Planning Permission

Legal Issues

  1. 1 Whether the Planning Inspector properly assessed the consistency of saved Local Plan policies HS22 and HS24 with the National Planning Policy Framework (NPPF) under paragraph 215
  2. 2 Whether the Inspector gave adequate reasons for the weight accorded to old policies
  3. 3 Whether the Inspector's focus on NPPF paragraphs 47 and 49 was too narrow

Ratio Decidendi

The Planning Inspector failed to properly assess the consistency of saved Local Plan policies HS22 and HS24 with the full range of policies in the NPPF as required by paragraph 215, focusing too narrowly on NPPF paragraphs 47 and 49 and not considering other relevant policies. This constituted an error of law, justifying the quashing of the Inspector's decision.

Court Disposition

Appeal dismissed

Orders

  • Inspector's grant of planning permission quashed
  • Case remitted for rehearing before a different planning inspector