Matthews, R (on the application of) v Tamworth Borough Council

Matthews, R (on the application of) v Tamworth Borough Council

The Council's deletion of the Bonehill site was unlawful due to misconstruing the Inspector's report, failing to consider relevant positive attributes, providing unsubstantiated reasons, and resulting in a significant shortfall not in general conformity with the Structure Plan. The refusal to hold a further inquiry was unfair and inadequately reasoned.

Parties
Claimant: Re Matthews; Respondent: Tamworth Borough Council
Jurisdiction
England and Wales
Judgment Date
12 December 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
application granted
Legal Topics
Local Plan Modification, Employment Land Allocation, Public Inquiry, Structure Plan Conformity, Regional Spatial Strategy
Administrative Law Planning Law Local Plan Modification Employment Land Allocation Public Inquiry Structure Plan Conformity Regional Spatial Strategy

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Parties

Re Matthews

Claimant

Tamworth Borough Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's deletion of the Bonehill site from the Local Plan was lawful
  2. 2 Whether the Council failed to take into account relevant considerations
  3. 3 Whether the Council provided clear and cogent reasons for not accepting the Inspector's recommendation

Ratio Decidendi

The Council's deletion of the Bonehill site was unlawful due to misconstruing the Inspector's report, failing to consider relevant positive attributes, providing unsubstantiated reasons, and resulting in a significant shortfall not in general conformity with the Structure Plan. The refusal to hold a further inquiry was unfair and inadequately reasoned.

Court Disposition

application granted

Orders

  • Policies EMP1 and EMP2, together with the elements of the Proposals Map relating to policy EMP2, are quashed.