CPRE Surrey & Anor v Waverley Borough Council & Ors [2018] EWHC 2969 (Admin) (05 November 2018)

CPRE Surrey & Anor v Waverley Borough Council & Ors [2018] EWHC 2969 (Admin) (05 November 2018)

The Inspector lawfully exercised planning judgment in determining Waverley's housing need and apportioning unmet need from Woking, given the evidence and statutory context. There was no legal requirement to recalculate Woking's OAN or provide more detailed reasons. The Local Plan adoption and related planning...

Source-derived case information.

Citation
[2018] EWHC 2969 (Admin)
Parties
Claimant: CPRE Surrey; Claimant: POW Campaign Limited; Defendant: Waverley Borough Council; Defendant: Secretary of State for Housing, Communities and Local Government; Interested Party: Dunsfold Airport Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Judicial Review/statutory Challenge (planning) / High Court Judgment
Outcome
All applications dismissed
Legal Topics
Local Plan Adoption, Objectively Assessed Need (oan), Unmet Housing Need, Statutory Challenge Under S.113 PCPA 2004, Statutory Challenge Under S.288 TCPA 1990, Judicial Review of Planning Decisions
Planning Law Administrative Law Local Government Law Local Plan Adoption Objectively Assessed Need (oan) Unmet Housing Need Statutory Challenge Under S.113 PCPA 2004 Statutory Challenge Under S.288 TCPA 1990 +1 more

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Parties

CPRE Surrey

Claimant

POW Campaign Limited

Claimant

Waverley Borough Council

Defendant

Secretary of State for Housing, Communities and Local Government

Defendant

Dunsfold Airport Limited

Interested Party

Procedural Posture

Judicial Review/statutory Challenge (planning) / High Court Judgment

Legal Issues

  1. 1 Whether Waverley Borough Council erred in law in adopting Local Plan policies ALH1, SS7, and SS7A by miscalculating housing need and unmet need from Woking
  2. 2 Whether the Local Plan Inspector lawfully apportioned unmet housing need from Woking to Waverley
  3. 3 Whether the Inspector's reasons were adequate

Ratio Decidendi

The Inspector lawfully exercised planning judgment in determining Waverley's housing need and apportioning unmet need from Woking, given the evidence and statutory context. There was no legal requirement to recalculate Woking's OAN or provide more detailed reasons. The Local Plan adoption and related planning permission were not unlawful.

Court Disposition

All applications dismissed

Orders

  • Section 113 challenges dismissed
  • Section 288 challenge dismissed