Satnam Millennium Ltd v Warrington Borough Council

Satnam Millennium Ltd v Warrington Borough Council

The Local Plan failed to comply with statutory and policy requirements by not properly identifying and including affordable housing need as part of the OAN, and by substantial non-compliance with SEA/SA requirements; however, the claim of unlawful predetermination was not made out.

Parties
Claimant: Satnam Millennium Limited; Defendant: Warrington Borough Council
Jurisdiction
England and Wales
Judgment Date
19 February 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; Local Plan quashed/remitted in respect of affordable housing and SEA/SA non-compliance.
Legal Topics
Local Plan Validity, Strategic Environmental Assessment, Affordable Housing Needs, Statutory Interpretation, National Planning Policy Framework Compliance
Planning Law Administrative Law Environmental Law Local Plan Validity Strategic Environmental Assessment Affordable Housing Needs Statutory Interpretation National Planning Policy Framework Compliance

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Parties

Satnam Millennium Limited

Claimant

Warrington Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Local Plan identified and addressed the full objectively assessed needs for market and affordable housing (OAN) in Warrington
  2. 2 Whether the Local Plan complied with statutory and policy requirements regarding SEA/SA
  3. 3 Whether the Local Plan process was unlawfully predetermined prior to proper SEA/SA

Ratio Decidendi

The Local Plan failed to comply with statutory and policy requirements by not properly identifying and including affordable housing need as part of the OAN, and by substantial non-compliance with SEA/SA requirements; however, the claim of unlawful predetermination was not made out.

Court Disposition

Claim allowed in part; Local Plan quashed/remitted in respect of affordable housing and SEA/SA non-compliance.

Orders

  • Local Plan quashed/remitted in respect of affordable housing need and SEA/SA non-compliance.
  • Parties to resolve precisely which parts of the Local Plan are to be quashed and remitted.