Gladman Development Ltd v Wokingham Borough Council

Gladman Development Ltd v Wokingham Borough Council

The inspector lawfully assessed the soundness of the MDD based on the Core Strategy allocation without undertaking a fresh objective assessment of housing need, as neither the statutory framework nor the Framework required such assessment for a site allocation document. The inspector provided adequate reasons for his approach and for resolving the housing land supply issue. The Defendant was not obliged to adopt all proposed modifications, and permission to amend was properly refused.

Parties
Claimant: Gladman Development Limited; Defendant: Wokingham Borough Council
Jurisdiction
England and Wales
Judgment Date
11 July 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Development Plan Documents, Housing Allocation, National Planning Policy Framework, Statutory Interpretation, Local Authority Duties
Planning Law Administrative Law Development Plan Documents Housing Allocation National Planning Policy Framework Statutory Interpretation Local Authority Duties

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Parties

Gladman Development Limited

Claimant

Wokingham Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did the inspector consider the objectively assessed need for housing or only the Core Strategy allocation?
  2. 2 Was the inspector required to assess soundness of the MDD by reference to objectively assessed housing need under the Framework?
  3. 3 Did the inspector provide adequate reasons for any departure from the Framework?

Ratio Decidendi

The inspector lawfully assessed the soundness of the MDD based on the Core Strategy allocation without undertaking a fresh objective assessment of housing need, as neither the statutory framework nor the Framework required such assessment for a site allocation document. The inspector provided adequate reasons for his approach and for resolving the housing land supply issue. The Defendant was not obliged to adopt all proposed modifications, and permission to amend was properly refused.

Court Disposition

Application dismissed