Solihull Metropolitan Borough Council v Gallagher Estates Ltd & Anor

Solihull Metropolitan Borough Council v Gallagher Estates Ltd & Anor

The Inspector and Council failed to undertake a separate and prior objective assessment of housing need as required by NPPF paragraph 47, and the Green Belt boundary alterations were not justified by exceptional circumstances. The legal errors in the SLP require the defective parts to be remitted to the Council for...

Source-derived case information.

Parties
Appellant: Solihull Metropolitan Borough Council; Respondent: Gallagher Estates Limited; Respondent: Lioncourt Homes
Jurisdiction
England and Wales
Judgment Date
17 December 2014
Procedural Posture
Civil Appeal (planning) / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal allowed in part
Legal Topics
Local Plans, Housing Need Assessment, Green Belt Policy, Statutory Interpretation, Judicial Review
Planning Law Administrative Law Public Law Local Plans Housing Need Assessment Green Belt Policy Statutory Interpretation Judicial Review

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Parties

Solihull Metropolitan Borough Council

Appellant

Gallagher Estates Limited

Respondent

Lioncourt Homes

Respondent

Procedural Posture

Civil Appeal (planning) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the adoption of the Solihull Local Plan (SLP) complied with the requirements of paragraph 47 of the National Planning Policy Framework (NPPF) regarding housing need assessment
  2. 2 Whether the Inspector's treatment of 'exceptional circumstances' for Green Belt alteration under NPPF paragraph 83 was lawful
  3. 3 What is the appropriate relief/remedy for the identified legal errors in the SLP

Ratio Decidendi

The Inspector and Council failed to undertake a separate and prior objective assessment of housing need as required by NPPF paragraph 47, and the Green Belt boundary alterations were not justified by exceptional circumstances. The legal errors in the SLP require the defective parts to be remitted to the Council for reconsideration.

Court Disposition

Appeal dismissed; cross-appeal allowed in part

Orders

  • The appeal by Solihull Metropolitan Borough Council is dismissed.
  • The cross-appeal by the respondents is allowed to the extent that the defective parts of the SLP are remitted to the Council for reconsideration in light of the judgment.