Stonegate Homes Ltd & Anor, R (On the Application Of) v Horsham District Council

Stonegate Homes Ltd & Anor, R (On the Application Of) v Horsham District Council

The making of the Henfield Neighbourhood Plan was incompatible with EU obligations because the assessment of reasonable alternatives in the SEA process was flawed, unsupported by evidence, and failed to present an accurate and comparable basis for rejecting development on the western side of Henfield. The defendant and examiner failed to give adequate reasons for compliance with EU obligations, rendering the decision irrational and unlawful.

Parties
Claimant: Stonegate Homes Limited; Claimant: Littleworth Properties Limited; Defendant: Horsham District Council; Interested Party: Henfield Parish Council
Jurisdiction
England and Wales
Judgment Date
13 October 2016
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed
Legal Topics
Strategic Environmental Assessment, Neighbourhood Development Plans, Judicial Review, Duty to Give Reasons, Assessment of Alternatives, Spatial Strategy, Built Up Area Boundary, Compliance With EU Obligations
Planning Law Administrative Law Environmental Law EU Law Strategic Environmental Assessment Neighbourhood Development Plans Judicial Review Duty to Give Reasons +4 more

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Parties

Stonegate Homes Limited

Claimant

Littleworth Properties Limited

Claimant

Horsham District Council

Defendant

Henfield Parish Council

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the making of the Henfield Neighbourhood Plan (HNP) was incompatible with EU obligations due to a flawed assessment of reasonable alternatives under the SEA Directive
  2. 2 Whether there was a lack of evidential foundation for the conclusions in the HNP regarding spatial strategy and the Built-Up Area Boundary (BUAB)
  3. 3 Whether the defendant and/or examiner failed to give adequate reasons for compliance with EU obligations

Ratio Decidendi

The making of the Henfield Neighbourhood Plan was incompatible with EU obligations because the assessment of reasonable alternatives in the SEA process was flawed, unsupported by evidence, and failed to present an accurate and comparable basis for rejecting development on the western side of Henfield. The defendant and examiner failed to give adequate reasons for compliance with EU obligations, rendering the decision irrational and unlawful.

Court Disposition

Claim allowed

Orders

  • The decision to make the Henfield Neighbourhood Plan is quashed.