Lochailort Investments Ltd, R (on the application of) v Norton ST Philip Parish Council [2020] EWHC 1146 (Admin) (11 May 2020)

Lochailort Investments Ltd, R (on the application of) v Norton ST Philip Parish Council [2020] EWHC 1146 (Admin) (11 May 2020)

The Defendant lawfully accepted the Examiner's recommendations and proceeded to referendum on the NSP NP. The process complied with statutory requirements, the evidence base was adequate and proportionate, and the designation of LGS7 and LGS8 as Local Green Spaces was not irrational, inadequately reasoned, or unsupported by evidence. The Defendant did not misdirect itself in law, act irrationally, or fail to have regard to relevant considerations. The challenge amounted to a disagreement with planning judgment, not a public law error.

Citation
[2020] EWHC 1146 (Admin)
Parties
Claimant: Lochailort Investments Limited; Defendant: Mendip District Council; Interested Party: Norton St Philip Parish Council
Jurisdiction
England and Wales
Judgment Date
11 May 2020
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Neighbourhood Development Plans, Local Green Space Designation, Judicial Review of Planning Decisions, Statutory Interpretation, National Planning Policy Framework
Planning Law Administrative Law Local Government Law Neighbourhood Development Plans Local Green Space Designation Judicial Review of Planning Decisions Statutory Interpretation National Planning Policy Framework

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Parties

Lochailort Investments Limited

Claimant

Mendip District Council

Defendant

Norton St Philip Parish Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Defendant lawfully accepted the Examiner's recommendations on the Norton St Philip Neighbourhood Plan (NSP NP) under Schedule 4B to the Town and Country Planning Act 1990 and proceeded to referendum
  2. 2 Whether Policy 5 of the NSP NP and the designation of LGS7 and LGS8 as Local Green Spaces were consistent with national policy and adequately reasoned
  3. 3 Whether the Defendant misunderstood or misapplied strategic policies in the development plan and national policies for Local Green Space designation

Ratio Decidendi

The Defendant lawfully accepted the Examiner's recommendations and proceeded to referendum on the NSP NP. The process complied with statutory requirements, the evidence base was adequate and proportionate, and the designation of LGS7 and LGS8 as Local Green Spaces was not irrational, inadequately reasoned, or unsupported by evidence. The Defendant did not misdirect itself in law, act irrationally, or fail to have regard to relevant considerations. The challenge amounted to a disagreement with planning judgment, not a public law error.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • Interim relief prohibiting the referendum is discharged.