Barker Mill Estates (Trustees of) v Test Valley Borough Council & Anor [2016] EWHC 3028 (Admin) (25 November 2016)

Barker Mill Estates (Trustees of) v Test Valley Borough Council & Anor [2016] EWHC 3028 (Admin) (25 November 2016)

The Court held that the Council lawfully identified the objectively assessed need for housing and affordable housing, properly applied the two-stage approach, and did not unlawfully merge the stages. The duty to co-operate was satisfied through substantial cross-boundary engagement, and the Inspector's conclusion was rational. The plan's employment land allocations, including B8, were justified and sound. The Claimants' failure to raise the B8 issue at the Examination precluded its success. The Inspector's decisions on the planning appeals were lawful and rational. All grounds of challenge failed.

Citation
[2016] EWHC 3028 (Admin)
Parties
Claimant: Trustees of the Barker Mill Estates; Defendant: Test Valley Borough Council; Defendant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
25 November 2016
Procedural Posture
Judicial Review (planning) / High Court Judgment
Outcome
Claims dismissed
Legal Topics
Local Plan Adoption, Duty to Co Operate, Objectively Assessed Need (oan), Affordable Housing, Employment Land Allocation, Statutory Review, Soundness of Local Plan
Planning Law Administrative Law Local Government Law Local Plan Adoption Duty to Co Operate Objectively Assessed Need (oan) Affordable Housing Employment Land Allocation +2 more

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Parties

Trustees of the Barker Mill Estates

Claimant

Test Valley Borough Council

Defendant

Secretary of State for Communities and Local Government

Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment

Legal Issues

  1. 1 Whether the Revised Test Valley Local Plan (RTVLP) was lawfully adopted under the Planning and Compulsory Purchase Act 2004.
  2. 2 Whether the objectively assessed need (OAN) for housing and employment land was properly identified and addressed.
  3. 3 Whether the duty to co-operate under section 33A PCPA 2004 was satisfied.

Ratio Decidendi

The Court held that the Council lawfully identified the objectively assessed need for housing and affordable housing, properly applied the two-stage approach, and did not unlawfully merge the stages. The duty to co-operate was satisfied through substantial cross-boundary engagement, and the Inspector's conclusion was rational. The plan's employment land allocations, including B8, were justified and sound. The Claimants' failure to raise the B8 issue at the Examination precluded its success. The Inspector's decisions on the planning appeals were lawful and rational. All grounds of challenge failed.

Court Disposition

Claims dismissed

Orders

  • The application to quash the adoption of the Revised Test Valley Local Plan is refused.
  • The application to quash the Inspector's decision on the Adanac Park planning appeals is refused.