Timothy James House & Anor v Waverley Borough Council & Anor

Timothy James House & Anor v Waverley Borough Council & Anor

The Inspector lawfully exercised planning judgment in accepting LPP2 as a 'daughter document' to LPP1, adequately considered the scope and consistency of LPP2, addressed the relevant statutory and policy requirements, and rationally concluded there was a reasonable prospect of the Golf Course Site being developable. No error of law or irrationality was established.

Parties
Claimant: Timothy James House; Claimant: Isobel House; Defendant: Waverley Borough Council; Defendant: Secretary of State for Levelling Up, Housing and Communities
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Statutory Review Under Section 113 of the Planning and Compulsory Purchase Act 2004 / Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Statutory Review of Development Plan Documents, Local Plan Adoption, Restrictive Covenants, Housing Land Supply, Judicial Review Standards, Planning Policy Interpretation
Planning Law Administrative Law Property Law Statutory Review of Development Plan Documents Local Plan Adoption Restrictive Covenants Housing Land Supply Judicial Review Standards +1 more

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Parties

Timothy James House

Claimant

Isobel House

Claimant

Waverley Borough Council

Defendant

Secretary of State for Levelling Up, Housing and Communities

Defendant

Procedural Posture

Statutory Review Under Section 113 of the Planning and Compulsory Purchase Act 2004 / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Inspector lawfully considered the scope and soundness of LPP2 as a 'daughter document' to LPP1
  2. 2 Whether the Inspector failed to consider material considerations regarding housing supply and plan consistency
  3. 3 Whether the Inspector's conclusion on the developability of the Golf Course Site was irrational

Ratio Decidendi

The Inspector lawfully exercised planning judgment in accepting LPP2 as a 'daughter document' to LPP1, adequately considered the scope and consistency of LPP2, addressed the relevant statutory and policy requirements, and rationally concluded there was a reasonable prospect of the Golf Course Site being developable. No error of law or irrationality was established.

Court Disposition

Claim dismissed

Orders

  • The claim for statutory review is dismissed.