Martin Grant Homes Ltd & Anor, R (on the application of) v Wealden District Council

Martin Grant Homes Ltd & Anor, R (on the application of) v Wealden District Council

The Council's decision to abandon the statutory local plan process was unlawful because the statutory transitional provisions in Schedule 8 of the Planning and Compulsory Purchase Act 2004 required the process to continue, and there were no exceptional circumstances justifying departure. Efficiency and cost-saving are not sufficient reasons to override the statutory code.

Parties
Claimant: Martin Grant Homes Limited; Claimant: Taylor Woodrow Developments Limited; Defendant: Wealden District Council
Jurisdiction
England and Wales
Judgment Date
04 March 2005
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed; decision to abandon statutory local plan process quashed
Legal Topics
Local Development Plans, Statutory Interpretation, Transitional Provisions, Judicial Review of Local Authority Decisions
Administrative Law Planning Law Local Development Plans Statutory Interpretation Transitional Provisions Judicial Review of Local Authority Decisions

Case Brief

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Parties

Martin Grant Homes Limited

Claimant

Taylor Woodrow Developments Limited

Claimant

Wealden District Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Council lawfully abandoned the statutory local plan process in favour of a non-statutory plan and commencement of a Local Development Framework under the Planning and Compulsory Purchase Act 2004
  2. 2 Whether the transitional provisions in Schedule 8 of the 2004 Act required the Council to continue the statutory process
  3. 3 Whether there were exceptional circumstances justifying departure from the statutory process

Ratio Decidendi

The Council's decision to abandon the statutory local plan process was unlawful because the statutory transitional provisions in Schedule 8 of the Planning and Compulsory Purchase Act 2004 required the process to continue, and there were no exceptional circumstances justifying departure. Efficiency and cost-saving are not sufficient reasons to override the statutory code.

Court Disposition

Claim allowed; decision to abandon statutory local plan process quashed

Orders

  • Quashing order issued against the Council's decision to abandon or withdraw the statutory local plan process
  • Council ordered to continue with the statutory local plan process under section 40(2) of the 1990 Act