Bewley Homes Plc & Ors, R (on the application of) v Waverley Borough Council [2017] EWHC 1776 (Admin) (18 July 2017)

Bewley Homes Plc & Ors, R (on the application of) v Waverley Borough Council [2017] EWHC 1776 (Admin) (18 July 2017)

The Examiner lawfully concluded that the draft Farnham Neighbourhood Development Plan was in general conformity with the strategic policies of the Local Plan 2002, properly exercised planning judgment in aligning the dFNP with the emerging Local Plan, and gave adequate reasons as required by statute. The statutory duty to give reasons is limited and was met. No legal error or irrationality was established in the Examiner's approach or conclusions.

Citation
[2017] EWHC 1776 (Admin)
Parties
Claimant: Bewley Homes PLC; Claimant: Wates Developments Limited; Claimant: Catesby Estates (Developments) Limited; Defendant: Waverley Borough Council; Interested Party: Farnham Town Council
Jurisdiction
England and Wales
Judgment Date
18 July 2017
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Neighbourhood Development Plans, General Conformity With Strategic Policies, Duty to Give Reasons, Judicial Review of Planning Decisions
Administrative Law Planning Law Local Government Law Neighbourhood Development Plans General Conformity With Strategic Policies Duty to Give Reasons Judicial Review of Planning Decisions

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Parties

Bewley Homes PLC

Claimant

Wates Developments Limited

Claimant

Catesby Estates (Developments) Limited

Claimant

Waverley Borough Council

Defendant

Farnham Town Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Examiner erred in law in concluding the draft Farnham Neighbourhood Development Plan was in general conformity with the strategic policies of the Local Plan 2002
  2. 2 Whether the Examiner failed to give adequate reasons for his conclusions, particularly regarding housing allocations and SANG provision
  3. 3 Whether the Examiner failed to consider or give reasons for dismissing representations and evidence from the Claimants

Ratio Decidendi

The Examiner lawfully concluded that the draft Farnham Neighbourhood Development Plan was in general conformity with the strategic policies of the Local Plan 2002, properly exercised planning judgment in aligning the dFNP with the emerging Local Plan, and gave adequate reasons as required by statute. The statutory duty to give reasons is limited and was met. No legal error or irrationality was established in the Examiner's approach or conclusions.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No relief granted; Waverley Borough Council may proceed to make the Farnham Neighbourhood Development Plan