Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Anor

The legislation and regulations permit neighbourhood development plans to allocate sites for development, and the environmental assessment screening for the Uppingham Neighbourhood Plan was lawfully conducted, including consideration of both positive and negative effects.

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
Outcome: Claim dismissed
Legal Topics: Neighbourhood Development Plans, Site Allocation, Environmental Assessment, Localism Act 2011, Planning and Compulsory Purchase Act 2004

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

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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

Legal Issues

1 Whether neighbourhood development plans can lawfully allocate sites for development
2 Whether the environmental assessment screening for the Uppingham Neighbourhood Plan was legally adequate
3 Whether positive environmental effects were properly considered in the screening report

Ratio Decidendi

Court Disposition

Claim dismissed