Lochailort Investments Ltd, R (on the application of) v Norton ST Philip Parish Council

Lochailort Investments Ltd, R (on the application of) v Norton ST Philip Parish Council

The Defendant's decision to accept the Examiner's recommendations and proceed to referendum on the Norton St Philip Neighbourhood Plan was lawful; the Examiner had proper regard to national policies and statutory requirements, the evidence base for LGS7 and LGS8 was sufficient, Policy 5 is consistent with Green Belt policy, and the reasons given were adequate.

Parties
Claimant: The Queen on the application of 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
Outcome
Claim dismissed
Legal Topics
Neighbourhood Planning, Local Green Space Designation, Judicial Review, Statutory Interpretation, Sustainable Development, Green Belt Policy
Planning Law Administrative Law Neighbourhood Planning Local Green Space Designation Judicial Review Statutory Interpretation Sustainable Development Green Belt Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

The Queen on the application of Lochailort Investments Limited

Claimant

Mendip District Council

Defendant

Norton St Philip Parish Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant's decision to accept the Examiner's recommendations and proceed to referendum on the Norton St Philip Neighbourhood Plan was unlawful for failure to have adequate regard to national policies on Local Green Space designation and misunderstanding strategic policies in the development plan
  2. 2 Whether Policy 5 of the Neighbourhood Plan is inconsistent with national policies for managing Green Belts
  3. 3 Whether the designation of LGS7 and LGS8 as areas of 'particular importance' and 'demonstrably special' was irrational, inadequately reasoned, or unsupported by the evidence base

Ratio Decidendi

The Defendant's decision to accept the Examiner's recommendations and proceed to referendum on the Norton St Philip Neighbourhood Plan was lawful; the Examiner had proper regard to national policies and statutory requirements, the evidence base for LGS7 and LGS8 was sufficient, Policy 5 is consistent with Green Belt policy, and the reasons given were adequate.

Court Disposition

Claim dismissed