Gladman Developments Ltd v Daventry District Council & Anor

Gladman Developments Ltd v Daventry District Council & Anor

The Inspector failed to properly assess the consistency of Local Plan policies HS22 and HS24 with the full range of NPPF policies as required by paragraph 215, focusing too narrowly on NPPF 47 and 49. This constituted a legal error and justified quashing the Inspector's decision.

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
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Development Plan, National Planning Policy Framework, Housing Supply, Material Considerations, Consistency of Local and National Policy
Planning Law Administrative Law Development Plan National Planning Policy Framework Housing Supply Material Considerations Consistency of Local and National Policy

Case Brief

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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

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Inspector failed to properly assess the consistency of Local Plan policies HS22 and HS24 with the National Planning Policy Framework (NPPF) as required by paragraph 215
  2. 2 Whether the Inspector gave reduced weight to Local Plan policies solely due to their age and lack of consistency with NPPF 47
  3. 3 Whether the Inspector's reasoning was legally adequate

Ratio Decidendi

The Inspector failed to properly assess the consistency of Local Plan policies HS22 and HS24 with the full range of NPPF policies as required by paragraph 215, focusing too narrowly on NPPF 47 and 49. This constituted a legal error and justified quashing the Inspector's decision.

Court Disposition

Appeal dismissed

Orders

  • Inspector's decision quashed
  • Case remitted to another planning inspector for rehearing