Satnam Millennium Ltd v Warrington Borough Council [2015] EWHC 370 (Admin) (19 February 2015)

Satnam Millennium Ltd v Warrington Borough Council [2015] EWHC 370 (Admin) (19 February 2015)

The Local Plan failed to lawfully identify and include the objectively assessed need for affordable housing as part of the OAN, and there was substantial non-compliance with the requirements for Strategic Environmental Assessment/Sustainability Appraisal under the 2004 Regulations. The process was not unlawfully predetermined, as the later SEA/SA work was found to be independent and not a bolt-on justification for a predetermined strategy.

Citation
[2015] EWHC 370 (Admin)
Parties
Claimant: Satnam Millennium Limited; Defendant: Warrington Borough Council
Jurisdiction
England and Wales
Judgment Date
19 February 2015
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed in part
Legal Topics
Local Plan Validity, Strategic Environmental Assessment, Objectively Assessed Need, Affordable Housing, Statutory Interpretation, National Planning Policy Framework
Administrative Law Planning Law Environmental Law Local Plan Validity Strategic Environmental Assessment Objectively Assessed Need Affordable Housing Statutory Interpretation +1 more

Case Brief

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Parties

Satnam Millennium Limited

Claimant

Warrington Borough Council

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Local Plan failed to identify and address the full, objectively assessed needs for market and affordable housing (OAN) in Warrington
  2. 2 Whether the Local Plan failed to comply with requirements for Strategic Environmental Assessment/Sustainability Appraisal under EU and domestic law
  3. 3 Whether the Local Plan process was unlawfully predetermined prior to proper SEA/SA

Ratio Decidendi

The Local Plan failed to lawfully identify and include the objectively assessed need for affordable housing as part of the OAN, and there was substantial non-compliance with the requirements for Strategic Environmental Assessment/Sustainability Appraisal under the 2004 Regulations. The process was not unlawfully predetermined, as the later SEA/SA work was found to be independent and not a bolt-on justification for a predetermined strategy.

Court Disposition

Claim allowed in part

Orders

  • Claim succeeds on Ground 1 Issue 5 (affordable housing OAN not lawfully included)
  • Claim succeeds on Ground 2 (SEA/SA non-compliance)