Braiwaite v Doncaster Metropolitan Borough Council [2000] EWHC Admin 306 (17 March 2000)

Braiwaite v Doncaster Metropolitan Borough Council [2000] EWHC Admin 306 (17 March 2000)

The Council's decision to allocate the site as an Open Space Area under Policy RL1 and not to hold a second inquiry was irrational and unlawful due to the absence of adequate or timely reasons for the allocation and failure to consider that the proposed modification had not been previously scrutinised, thus breaching procedural fairness and statutory requirements.

Citation
[2000] EWHC Admin 306
Parties
Applicant: Gregory Braithwaite; Applicant: Martin Braithwaite; Respondent: Doncaster Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
17 March 2000
Procedural Posture
Judicial Review Under Section 287 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application succeeds; Council's decision quashed as unlawful.
Legal Topics
Development Plans, Statutory Interpretation, Procedural Fairness, Judicial Review, Public Inquiries
Administrative Law Planning Law Local Government Law Development Plans Statutory Interpretation Procedural Fairness Judicial Review Public Inquiries

Case Brief

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Parties

Gregory Braithwaite

Applicant

Martin Braithwaite

Applicant

Doncaster Metropolitan Borough Council

Respondent

Procedural Posture

Judicial Review Under Section 287 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Council lawfully rejected the Applicants' objection as 'not duly made'
  2. 2 Whether the Council fairly and reasonably considered the Inspector's recommendation regarding housing allocation and gave adequate reasons for rejecting housing allocation
  3. 3 Whether the Council fairly and reasonably considered the objection to allocation as Open Space Area and gave adequate reasons for that decision

Ratio Decidendi

The Council's decision to allocate the site as an Open Space Area under Policy RL1 and not to hold a second inquiry was irrational and unlawful due to the absence of adequate or timely reasons for the allocation and failure to consider that the proposed modification had not been previously scrutinised, thus breaching procedural fairness and statutory requirements.

Court Disposition

Application succeeds; Council's decision quashed as unlawful.

Orders

  • Order to quash Policy RL1 of the Doncaster Unitary Development Plan insofar as it relates to the site.
  • Order to amend the Proposals Map of the UDP accordingly.