Gladman Development Ltd v Wokingham Borough Council [2014] EWHC 2320 (Admin) (11 July 2014)

Gladman Development Ltd v Wokingham Borough Council [2014] EWHC 2320 (Admin) (11 July 2014)

The inspector was not required to reassess the objectively assessed need for housing when examining a development plan document (MDD) that allocated sites for the amount of housing already established in an earlier, still relevant Core Strategy. The statutory framework and the National Planning Policy Framework, properly interpreted, do not mandate such reassessment for every sequential development plan document. The inspector's approach was lawful, rational, and sufficiently reasoned. Even if the Framework required such assessment, the inspector gave adequate reasons for proceeding as he did.

Citation
[2014] EWHC 2320 (Admin)
Parties
Claimant: Gladman Development Limited; Defendant: Wokingham Borough Council
Jurisdiction
England and Wales
Judgment Date
11 July 2014
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Development Plan Documents, National Planning Policy Framework, Objective Assessment of Housing Need, Soundness of Local Plans, Statutory Interpretation, Judicial Review Procedure
Planning Law Administrative Law Local Government Law Development Plan Documents National Planning Policy Framework Objective Assessment of Housing Need Soundness of Local Plans Statutory Interpretation +1 more

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Parties

Gladman Development Limited

Claimant

Wokingham Borough Council

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Did the inspector consider the objectively assessed need for housing in Wokingham or only the Core Strategy figure?
  2. 2 Could the inspector lawfully assess the soundness of the MDD without an objective assessment of housing need as per the Framework?
  3. 3 If departing from the Framework, did the inspector give adequate reasons?

Ratio Decidendi

The inspector was not required to reassess the objectively assessed need for housing when examining a development plan document (MDD) that allocated sites for the amount of housing already established in an earlier, still relevant Core Strategy. The statutory framework and the National Planning Policy Framework, properly interpreted, do not mandate such reassessment for every sequential development plan document. The inspector's approach was lawful, rational, and sufficiently reasoned. Even if the Framework required such assessment, the inspector gave adequate reasons for proceeding as he did.

Court Disposition

Claim dismissed

Orders

  • Permission to amend the claim refused
  • No order quashing the Managing Development Delivery Local Plan (MDD)