Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Anor [2014] EWHC 4095 (Admin) (08 December 2014)

Legislation and policy permit site allocation in Neighbourhood Development Plans provided they are in general conformity with strategic policies; the environmental assessment process, though poorly worded, did not fail to consider significant positive effects; all procedural requirements were met.

Source-derived case information.

Citation: [2014] EWHC 4095 (Admin)
Parties: Claimant: Larkfleet Homes Limited; Defendant: Rutland County Council; Interested Party: Uppingham Town Council
Jurisdiction: England and Wales
Judgment Date: 08 December 2014
Procedural Posture: Judicial Review / Final Judgment After Substantive Hearing
Outcome: Claim dismissed
Legal Topics: Neighbourhood Development Plans, Site Allocation, Strategic Environmental Assessment, Localism Act 2011, Planning and Compulsory Purchase Act 2004

Administrative Law Planning Law Environmental Law Neighbourhood Development Plans Site Allocation Strategic Environmental Assessment Localism Act 2011 Planning and Compulsory Purchase Act 2004

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 4

Parties

Larkfleet Homes Limited

Claimant

Rutland County Council

Defendant

Uppingham Town Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

1 Whether legislation permits allocation of sites for development in Neighbourhood Development Plans (NDPs)
2 Whether the correct test was applied in concluding the plan determined the use of a small area at local level under the Environmental Assessment of Plans and Programmes Regulations 2004
3 Whether the environmental assessment process properly considered significant positive environmental effects

Ratio Decidendi

Court Disposition

Claim dismissed

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