Aireborough Neighbourhood Development Forum v Leeds City Council

Aireborough Neighbourhood Development Forum v Leeds City Council

Remittal of all Green Belt housing allocations in the Leeds Site Allocations Plan to the Secretary of State is the only way to remedy the fundamental errors of law and fact found, as quashing would cause equal administrative difficulty and merely requiring further reasons would not suffice.

Source-derived case information.

Parties
Claimant: Aireborough Neighbourhood Development Forum; Defendant: Leeds City Council; Interested Party: Secretary of State for Housing, Communities and Local Government; Interested Party: Avant Homes (England) Limited; Interested Party: Gallagher Estates Limited
Jurisdiction
England and Wales
Judgment Date
07 August 2020
Procedural Posture
Judicial Review / Relief After Substantive Judgment
Outcome
Remittal granted
Legal Topics
Site Allocations Plan, Green Belt Housing Allocations, Remittal Vs Quashing, Planning and Compulsory Purchase Act 2004
Administrative Law Planning Law Site Allocations Plan Green Belt Housing Allocations Remittal Vs Quashing Planning and Compulsory Purchase Act 2004

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Summary, issues, holding and outcome

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Parties

Aireborough Neighbourhood Development Forum

Claimant

Leeds City Council

Defendant

Secretary of State for Housing, Communities and Local Government

Interested Party

Avant Homes (England) Limited

Interested Party

Gallagher Estates Limited

Interested Party

Procedural Posture

Judicial Review / Relief After Substantive Judgment

Legal Issues

  1. 1 Whether relief should be quashing or remittal of the Leeds Site Allocations Plan under s.113(7) of the Planning and Compulsory Purchase Act 2004
  2. 2 Scope of relief: Aireborough only or all Green Belt allocations

Ratio Decidendi

Remittal of all Green Belt housing allocations in the Leeds Site Allocations Plan to the Secretary of State is the only way to remedy the fundamental errors of law and fact found, as quashing would cause equal administrative difficulty and merely requiring further reasons would not suffice.

Court Disposition

Remittal granted

Orders

  • Policies relating to Green Belt allocations of housing (including mixed use allocations) in the Leeds Site Allocations Plan are remitted to the Secretary of State for reconsideration.