Miller Homes Ltd, R (on the application of) v Leeds City Council [2014] EWHC 82 (Admin) (27 January 2014)

Miller Homes Ltd, R (on the application of) v Leeds City Council [2014] EWHC 82 (Admin) (27 January 2014)

The Interim Policy does not fall within the definitions of a DPD or SPD under the 2012 Regulations, but is a residual LDD. There is no statutory or legitimate expectation duty to consult before adopting a residual LDD. The Defendant acted lawfully in adopting the Interim Policy without following DPD/SPD procedures or consulting the Claimant.

Citation
[2014] EWHC 82 (Admin)
Parties
Claimant: Miller Homes Limited; Defendant: Leeds City Council
Jurisdiction
England and Wales
Judgment Date
27 January 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Development Plans, Local Development Documents, Consultation Requirements, Judicial Review of Policy, Material Considerations in Planning
Administrative Law Planning Law Local Government Law Development Plans Local Development Documents Consultation Requirements Judicial Review of Policy Material Considerations in Planning

Case Brief

Summary, issues, holding and outcome

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Parties

Miller Homes Limited

Claimant

Leeds City Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant's Interim Policy is unlawful for failure to follow statutory procedures for Development Plan Documents (DPD) or Supplementary Planning Documents (SPD) under the Town and Country Planning (Local Planning) (England) Regulations 2012;
  2. 2 Whether the Defendant failed to consult adequately or at all before adopting the Interim Policy if it is a residual Local Development Document (LDD);
  3. 3 Whether there was a legitimate expectation of consultation.

Ratio Decidendi

The Interim Policy does not fall within the definitions of a DPD or SPD under the 2012 Regulations, but is a residual LDD. There is no statutory or legitimate expectation duty to consult before adopting a residual LDD. The Defendant acted lawfully in adopting the Interim Policy without following DPD/SPD procedures or consulting the Claimant.

Court Disposition

Claim dismissed