Compton Parish Council & Ors v Guildford Borough Council & Anor [2019] EWHC 3242 (Admin) (04 December 2019)

Compton Parish Council & Ors v Guildford Borough Council & Anor [2019] EWHC 3242 (Admin) (04 December 2019)

The Inspector lawfully applied the correct legal test for 'exceptional circumstances' in altering Green Belt boundaries, provided adequate reasons for meeting full housing need, and did not err in failing to reconsider alternatives or in site-specific allocations. The Local Plan process and adoption were lawful and the challenges failed on all grounds.

Citation
[2019] EWHC 3242 (Admin)
Parties
Claimant: Compton Parish Council; Claimant: Julian Cranwell; Claimant: Ockham Parish Council; Defendant: Guildford Borough Council; Defendant: Secretary of State for Housing, Communities and Local Government; Interested Party: Wisley Property Investments Ltd; Interested Party: Blackwell Park Ltd; Interested Party: Martin Grant Homes Ltd; Interested Party: Catesby Estates PLC
Jurisdiction
England and Wales
Judgment Date
04 December 2019
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claims dismissed
Legal Topics
Local Plan Adoption, Green Belt Policy, Exceptional Circumstances, Housing Need Assessment, Environmental Assessment, Public Law Principles
Planning Law Administrative Law Environmental Law Local Plan Adoption Green Belt Policy Exceptional Circumstances Housing Need Assessment Environmental Assessment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Compton Parish Council

Claimant

Julian Cranwell

Claimant

Ockham Parish Council

Claimant

Guildford Borough Council

Defendant

Secretary of State for Housing, Communities and Local Government

Defendant

Wisley Property Investments Ltd

Interested Party

Blackwell Park Ltd

Interested Party

Martin Grant Homes Ltd

Interested Party

Catesby Estates PLC

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector erred in law in his approach to 'exceptional circumstances' for Green Belt boundary changes
  2. 2 Whether the Inspector lawfully considered and reasoned the decision not to reduce housing requirements due to Green Belt constraints
  3. 3 Whether Guildford Borough Council breached Environmental Assessment Regulations by not reconsidering alternatives after housing need reduction

Ratio Decidendi

The Inspector lawfully applied the correct legal test for 'exceptional circumstances' in altering Green Belt boundaries, provided adequate reasons for meeting full housing need, and did not err in failing to reconsider alternatives or in site-specific allocations. The Local Plan process and adoption were lawful and the challenges failed on all grounds.

Court Disposition

Claims dismissed

Orders

  • All claims challenging the adoption of the Guildford Local Plan are dismissed.
  • No order for quashing the Local Plan or its allocations.