Aireborough Neighbourhood Development Forum v Leeds City Council & Ors

Aireborough Neighbourhood Development Forum v Leeds City Council & Ors

The SAP adoption was unlawful due to failure to give adequate reasons for Green Belt release in light of reduced housing requirement, inadequate explanation for HMCA-based site selection, and material error of fact in supply calculations justifying Green Belt release. Breaches of SEA Regulations regarding reasonable alternatives and consultation were identified but no relief was granted due to lack of prejudice.

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
08 June 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application allowed in part; SAP adoption found unlawful in respect of reasons and material error of fact.
Legal Topics
Strategic Environmental Assessment, Green Belt Release, Local Development Plans, Duty to Give Reasons, Sustainable Development, Site Allocations, Consultation Procedures
Planning Law Administrative Law Environmental Law Strategic Environmental Assessment Green Belt Release Local Development Plans Duty to Give Reasons Sustainable Development +2 more

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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 / Final Judgment

Legal Issues

  1. 1 Whether the adoption of the Leeds Site Allocations Plan breached Strategic Environmental Assessment Directive and Regulations by failing to consider reasonable alternatives
  2. 2 Whether there was inadequate consultation on Sustainability Appraisals
  3. 3 Whether there was a failure to provide adequate reasons for Green Belt releases

Ratio Decidendi

The SAP adoption was unlawful due to failure to give adequate reasons for Green Belt release in light of reduced housing requirement, inadequate explanation for HMCA-based site selection, and material error of fact in supply calculations justifying Green Belt release. Breaches of SEA Regulations regarding reasonable alternatives and consultation were identified but no relief was granted due to lack of prejudice.

Court Disposition

Application allowed in part; SAP adoption found unlawful in respect of reasons and material error of fact.

Orders

  • Declaration that SAP adoption was unlawful due to inadequate reasons and material error of fact.
  • No relief granted for SEA breaches due to lack of prejudice.