Persimmon Homes (Thames Valley) Ltd & Ors v Stevenage Borough Council

Persimmon Homes (Thames Valley) Ltd & Ors v Stevenage Borough Council

The adopted local plan, including Policy H2 with its caveat, is objectively capable of falling within the scope of 'general conformity' with the structure plan; however, the failure to consider the objection to the Green Belt boundary near Norton Green was an error of law requiring the quashing of the relevant part of the proposals map.

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 / Final Judgment
Outcome
Claim on Ground 1 dismissed; claim on Ground 2 allowed.
Legal Topics
Local Plan Conformity, Green Belt Boundary, Strategic Housing Allocation, Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004
Planning Law Administrative Law Local Plan Conformity Green Belt Boundary Strategic Housing Allocation Town and Country Planning Act 1990 Planning and Compulsory Purchase Act 2004

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 / Final Judgment

Legal Issues

  1. 1 Whether the adopted local plan is in general conformity with the structure plan
  2. 2 Whether the Green Belt boundary was lawfully adopted

Ratio Decidendi

The adopted local plan, including Policy H2 with its caveat, is objectively capable of falling within the scope of 'general conformity' with the structure plan; however, the failure to consider the objection to the Green Belt boundary near Norton Green was an error of law requiring the quashing of the relevant part of the proposals map.

Court Disposition

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

Orders

  • Proposals Map 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.