Miller Homes Ltd, R (on the application of) v Leeds City Council
The Interim Policy did not fall within the definitions of a DPD or SPD under the 2012 Regulations, but was a residual LDD. There was no statutory or common law duty to consult before adopting a residual LDD, and no legitimate expectation of consultation arose on the facts. The claim failed on all grounds.
- 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
- Local Development Documents, Judicial Review, Consultation Requirements, Planning Policy, Legitimate Expectation
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 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 2012 Regulations
- 2 Whether the Defendant was required to consult before adopting the Interim Policy as a residual Local Development Document (LDD)
- 3 Whether the Claimant had a legitimate expectation of consultation
Ratio Decidendi
The Interim Policy did not fall within the definitions of a DPD or SPD under the 2012 Regulations, but was a residual LDD. There was no statutory or common law duty to consult before adopting a residual LDD, and no legitimate expectation of consultation arose on the facts. The claim failed on all grounds.
Court Disposition
Claim dismissed
Full Case Text
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