Gladman Developments Ltd v Secretary of State for Communities And Local Government & Ors

Gladman Developments Ltd v Secretary of State for Communities And Local Government & Ors

The inspector lawfully considered the likely effects of the proposed development on air quality based on the evidence before him, was not required to assume future compliance with the Air Quality Directive or national plans, was not obliged to consider a 'Grampian' condition not raised by the parties, acted with procedural fairness, and gave adequate reasons for his findings, including conflict with local air quality action plans.

Parties
Appellant: Gladman Developments Ltd.; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Swale Borough Council; Third Respondent: CPRE Kent
Jurisdiction
England and Wales
Judgment Date
12 September 2019
Procedural Posture
Civil Appeal / Judgment on Appeal From the Administrative Court
Outcome
Appeal dismissed
Legal Topics
Air Quality, Planning Permission, Mitigation Measures, Procedural Fairness, Statutory Interpretation
Planning Law Environmental Law Administrative Law Air Quality Planning Permission Mitigation Measures Procedural Fairness Statutory Interpretation

Case Brief

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Parties

Gladman Developments Ltd.

Appellant

Secretary of State for Communities and Local Government

First Respondent

Swale Borough Council

Second Respondent

CPRE Kent

Third Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From the Administrative Court

Legal Issues

  1. 1 Whether the inspector lawfully addressed the likely effects of the proposed housing development on air quality under section 78 of the Town and Country Planning Act 1990.
  2. 2 Whether the inspector failed to consider the significance of the ClientEarth (No.2) decision and the National Planning Policy Framework (NPPF) paragraph 122.
  3. 3 Whether the inspector properly considered proposed mitigation measures and the possibility of a 'Grampian' condition.

Ratio Decidendi

The inspector lawfully considered the likely effects of the proposed development on air quality based on the evidence before him, was not required to assume future compliance with the Air Quality Directive or national plans, was not obliged to consider a 'Grampian' condition not raised by the parties, acted with procedural fairness, and gave adequate reasons for his findings, including conflict with local air quality action plans.

Court Disposition

Appeal dismissed