Flaxby Park Ltd v Harrogate Borough Council

Flaxby Park Ltd v Harrogate Borough Council

Harrogate Borough Council failed to comply with regulation 8(3) of the 2004 Regulations at the adoption stage by not having the full Council consider the final SEA material and consultation responses relevant to the new settlement policies, rendering the adoption of those policies unlawful. Grounds relating to equal assessment and viability were rejected.

Parties
Claimant: Flaxby Park Limited; Defendant: Harrogate Borough Council; Interested Party: Secretary of State for Communities and Local Government; Interested Party: Oakgate Yorkshire Limited; Interested Party: CEG Land Promotions III (UK) Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Statutory Review / Final Judgment
Outcome
Partial success for claimant; Local Plan remitted for reconsideration of new settlement policies by full Council.
Legal Topics
Strategic Environmental Assessment, Local Plan Adoption, Delegation of Functions, Viability Assessment, Judicial Review
Administrative Law Planning Law Environmental Law Strategic Environmental Assessment Local Plan Adoption Delegation of Functions Viability Assessment Judicial Review

Case Brief

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Parties

Flaxby Park Limited

Claimant

Harrogate Borough Council

Defendant

Secretary of State for Communities and Local Government

Interested Party

Oakgate Yorkshire Limited

Interested Party

CEG Land Promotions III (UK) Limited

Interested Party

Procedural Posture

Statutory Review / Final Judgment

Legal Issues

  1. 1 Whether Harrogate Borough Council failed to lawfully consider reasonable alternatives for a new settlement in its Local Plan under the SEA Directive and 2004 Regulations
  2. 2 Whether the Council failed to assess Flaxby as a broad location on an equal basis
  3. 3 Whether there was insufficient evidence or enquiry into the viability and deliverability of Green Hammerton/Cattal

Ratio Decidendi

Harrogate Borough Council failed to comply with regulation 8(3) of the 2004 Regulations at the adoption stage by not having the full Council consider the final SEA material and consultation responses relevant to the new settlement policies, rendering the adoption of those policies unlawful. Grounds relating to equal assessment and viability were rejected.

Court Disposition

Partial success for claimant; Local Plan remitted for reconsideration of new settlement policies by full Council.

Orders

  • Local Plan remitted to Harrogate Borough Council for reconsideration of new settlement policies in light of SEA material and consultation responses.
  • Claimant awarded 15% of its costs, excluding costs of original claim bundle and witness statement.