Gallagher Estates Ltd & Anor v Solihull Metropolitan Borough Council

Gallagher Estates Ltd & Anor v Solihull Metropolitan Borough Council

The Inspector and Council failed to objectively assess full housing need as required by the NPPF, did not properly apply the legal test for Green Belt boundary revision, and thus the Solihull Local Plan was adopted unlawfully and is not sound.

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
Application allowed; Solihull Local Plan adoption quashed.
Legal Topics
Local Plan Adoption, Green Belt Boundary Revision, Duty to Cooperate, Objective Assessment of Housing Need, National Planning Policy Framework Compliance
Planning Law Administrative Law Local Government Law Local Plan Adoption Green Belt Boundary Revision Duty to Cooperate Objective Assessment of Housing Need National Planning Policy Framework Compliance

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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 without a figure for objectively assessed housing need as required by the NPPF and Planning and Compulsory Purchase Act 2004
  2. 2 Whether the Council failed to cooperate with neighbouring authorities regarding unmet housing need
  3. 3 Whether the Inspector applied the correct legal test for revising Green Belt boundaries

Ratio Decidendi

The Inspector and Council failed to objectively assess full housing need as required by the NPPF, did not properly apply the legal test for Green Belt boundary revision, and thus the Solihull Local Plan was adopted unlawfully and is not sound.

Court Disposition

Application allowed; Solihull Local Plan adoption quashed.

Orders

  • Parties to submit a consent order or written submissions on consequential matters within 7 days of judgment.