Bewley Homes Plc & Ors, R (on the application of) v Waverley Borough Council

Bewley Homes Plc & Ors, R (on the application of) v Waverley Borough Council

The Examiner lawfully exercised planning judgment in concluding the dFNP was in general conformity with strategic policies, adequately considered evidence and representations, and discharged the statutory duty to give reasons; no grounds for judicial review were established.

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 for judicial review dismissed; permission granted but relief refused.
Legal Topics
Neighbourhood Development Plans, General Conformity, Sustainable Development, Habitats Directive, Duty to Give Reasons
Planning Law Administrative Law Neighbourhood Development Plans General Conformity Sustainable Development Habitats Directive Duty to Give Reasons

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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's report lawfully concluded the draft Farnham Neighbourhood Development Plan met the basic conditions under Schedule 4B TCPA 1990
  2. 2 Whether the Examiner adequately identified strategic policies and provided sufficient reasons
  3. 3 Whether the Examiner properly considered evidence and representations regarding SANG provision and landscape sensitivity

Ratio Decidendi

The Examiner lawfully exercised planning judgment in concluding the dFNP was in general conformity with strategic policies, adequately considered evidence and representations, and discharged the statutory duty to give reasons; no grounds for judicial review were established.

Court Disposition

Claim for judicial review dismissed; permission granted but relief refused.