Gallagher Estates Ltd & Anor v Solihull Metropolitan Borough Council [2014] EWHC 1283 (Admin) (30 April 2014)

Gallagher Estates Ltd & Anor v Solihull Metropolitan Borough Council [2014] EWHC 1283 (Admin) (30 April 2014)

The Inspector's approach to housing provision, reliance on regional evidence, updated projections, and SHMA, together with consideration of national policy and statutory requirements, was lawful. The Council did not act ultra vires or fail in its duty to cooperate. The plan was sound and adopted lawfully.

Citation
[2014] EWHC 1283 (Admin)
Parties
Claimant: Gallagher Estates Limited; Claimant: Lioncourt Homes Limited; Defendant: Solihull Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
30 April 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Local Plan Adoption, Green Belt Policy, Housing Needs Assessment, Duty to Cooperate
Administrative Law Planning Law Local Plan Adoption Green Belt Policy Housing Needs Assessment Duty to Cooperate

Case Brief

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Parties

Gallagher Estates Limited

Claimant

Lioncourt Homes Limited

Claimant

Solihull Metropolitan Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Solihull Local Plan was adopted unlawfully due to lack of objectively assessed housing need
  2. 2 Whether the Council failed to comply with the duty to cooperate with neighbouring authorities
  3. 3 Whether the Council failed to apply the proper test for revising Green Belt boundaries

Ratio Decidendi

The Inspector's approach to housing provision, reliance on regional evidence, updated projections, and SHMA, together with consideration of national policy and statutory requirements, was lawful. The Council did not act ultra vires or fail in its duty to cooperate. The plan was sound and adopted lawfully.

Court Disposition

Claim dismissed

Orders

  • No declaration of unlawfulness
  • No quashing of the Solihull Local Plan