Persimmon Homes (Thames Valley) Ltd & Ors v Stevenage Borough Council [2005] EWHC 957 (Admin) (20 May 2005)

Persimmon Homes (Thames Valley) Ltd & Ors v Stevenage Borough Council [2005] EWHC 957 (Admin) (20 May 2005)

The wording of Policy H2 and its explanatory material, as adopted by Stevenage Borough Council, fell within the permissible scope of 'general conformity' with the Structure Plan, as it still contemplated the achievement of the strategic policy's purpose within the plan period, despite introducing a caveat regarding justification. The failure to consider the claimants' objection to the Green Belt boundary was an error of law, requiring the relevant part of the proposals map to be quashed.

Citation
[2005] EWHC 957 (Admin)
Parties
Claimant: Persimmon Homes (Thames Valley) Limited; Claimant: Taylor Woodrow Homes Limited; Claimant: The Garden Village Partnership PLC; Claimant: Bryant Homes Southern Limited; Defendant: Stevenage Borough Council
Jurisdiction
England and Wales
Judgment Date
20 May 2005
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed on Ground 1; claim allowed on Ground 2.
Legal Topics
General Conformity of Local Plans With Structure Plans, Green Belt Boundary Alterations, Judicial Review of Planning Decisions, Interpretation of Planning Statutes
Planning Law Administrative Law Local Government Law General Conformity of Local Plans With Structure Plans Green Belt Boundary Alterations Judicial Review of Planning Decisions Interpretation of Planning Statutes

Case Brief

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Parties

Persimmon Homes (Thames Valley) Limited

Claimant

Taylor Woodrow Homes Limited

Claimant

The Garden Village Partnership PLC

Claimant

Bryant Homes Southern Limited

Claimant

Stevenage Borough Council

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Stevenage Borough Council's local plan was in 'general conformity' with the Hertfordshire Structure Plan
  2. 2 Whether the Council failed to consider objections regarding the Green Belt boundary near Norton Green

Ratio Decidendi

The wording of Policy H2 and its explanatory material, as adopted by Stevenage Borough Council, fell within the permissible scope of 'general conformity' with the Structure Plan, as it still contemplated the achievement of the strategic policy's purpose within the plan period, despite introducing a caveat regarding justification. The failure to consider the claimants' objection to the Green Belt boundary was an error of law, requiring the relevant part of the proposals map to be quashed.

Court Disposition

Claim dismissed on Ground 1; claim allowed on Ground 2.

Orders

  • Application to quash Policy H2 of the Stevenage District Plan Second Review is refused.
  • The Proposals Map is quashed in so far as it identifies the detailed boundary of the Green Belt to the south of the land allocated for development at Stevenage West so as to include Norton Green within the Green Belt.