IM Properties Development Ltd v Lichfield District Council & Ors [2015] EWHC 2077 (Admin) (20 July 2015)

IM Properties Development Ltd v Lichfield District Council & Ors [2015] EWHC 2077 (Admin) (20 July 2015)

The planning inspector lawfully determined the legal compliance of the sustainability appraisal, the process was not procedurally unfair, the correct legal test for altering green belt boundaries was applied, and the main modifications did not exceed statutory powers. The claim is dismissed.

Citation
[2015] EWHC 2077 (Admin)
Parties
Claimant: IM Properties Development Limited; Defendant: Lichfield District Council; 1st Interested Party: Taylor Wimpey UK Limited; 2nd Interested Party: Persimmon Homes Limited
Jurisdiction
England and Wales
Judgment Date
20 July 2015
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Local Plans, Sustainability Appraisal, Green Belt Policy, Statutory Interpretation, Procedural Fairness
Planning Law Administrative Law Environmental Law Local Plans Sustainability Appraisal Green Belt Policy Statutory Interpretation Procedural Fairness

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Parties

IM Properties Development Limited

Claimant

Lichfield District Council

Defendant

Taylor Wimpey UK Limited

1st Interested Party

Persimmon Homes Limited

2nd Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the planning inspector failed to determine the legal compliance of the Council's sustainability appraisal under section 20(5) of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether the sustainability appraisal and process of considering alternatives were legally flawed and unfair
  3. 3 Whether the planning inspector applied the correct approach to altering green belt boundaries

Ratio Decidendi

The planning inspector lawfully determined the legal compliance of the sustainability appraisal, the process was not procedurally unfair, the correct legal test for altering green belt boundaries was applied, and the main modifications did not exceed statutory powers. The claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Lichfield District Local Plan: Strategy is refused