Cooper Estates Strategic Land Ltd v Royal Tunbridge Wells Borough Council

Cooper Estates Strategic Land Ltd v Royal Tunbridge Wells Borough Council

The Inspector was entitled to conclude that the SALP was sound and consistent with the Core Strategy, which did not require specific allocations or quantification for C2 housing for the elderly. The Inspector’s approach to the Green Belt and the absence of a parallel review was reasonable and within planning judgment. The Inspector was not required to consider post-Core Strategy evidence or policy changes unless the SALP itself intended to do so. The duty to give reasons was satisfied. No error of law or irrationality was established.

Parties
Claimant: Cooper Estates Strategic Land Limited; Defendant: Royal Tunbridge Wells Borough Council
Jurisdiction
England and Wales
Judgment Date
14 February 2017
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Claim dismissed; permission granted but relief refused
Legal Topics
Development Plan Documents, Site Allocations, Green Belt Policy, Housing for the Elderly, Judicial Review of Planning Decisions
Planning Law Administrative Law Development Plan Documents Site Allocations Green Belt Policy Housing for the Elderly Judicial Review of Planning Decisions

Case Brief

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Parties

Cooper Estates Strategic Land Limited

Claimant

Royal Tunbridge Wells Borough Council

Defendant

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Site Allocations Local Plan (SALP) failed to make adequate provision for housing for the elderly (C2 use) as required by the Core Strategy (CS)
  2. 2 Whether the Inspector misunderstood or failed to address the claimant’s case for site allocation or removal from the Green Belt
  3. 3 Whether the Inspector misunderstood the requirements of the CS in relation to housing for the elderly and Green Belt review

Ratio Decidendi

The Inspector was entitled to conclude that the SALP was sound and consistent with the Core Strategy, which did not require specific allocations or quantification for C2 housing for the elderly. The Inspector’s approach to the Green Belt and the absence of a parallel review was reasonable and within planning judgment. The Inspector was not required to consider post-Core Strategy evidence or policy changes unless the SALP itself intended to do so. The duty to give reasons was satisfied. No error of law or irrationality was established.

Court Disposition

Claim dismissed; permission granted but relief refused

Orders

  • The claim is rejected and the adoption of the Site Allocations Local Plan is not quashed.