Daws Hill Neighbourhood Forum & Ors, R (on the application of) v Secretary of State for Communities and Local Government & Anor

Daws Hill Neighbourhood Forum & Ors, R (on the application of) v Secretary of State for Communities and Local Government & Anor

The Council acted lawfully and within its statutory discretion in excluding the RAF Daws Hill and Handy Cross Sports Centre sites from the designated Neighbourhood Area. The Council properly considered the appropriateness of the area in light of the strategic nature of the sites, the advanced stage of planning, and...

Source-derived case information.

Parties
Claimant: Daws Hill Neighbourhood Forum; Claimant: Stuart Armstrong; Claimant: Angus Laidlaw; Defendant: Wycombe District Council; Interested Party: Secretary of State for Communities and Local Government; Interested Party: Taylor Wimpey UK Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2013
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Neighbourhood Planning, Localism Act 2011, Town and Country Planning Act 1990, Neighbourhood Forum Designation, Neighbourhood Area Designation, Judicial Review of Local Authority Decisions
Administrative Law Planning Law Neighbourhood Planning Localism Act 2011 Town and Country Planning Act 1990 Neighbourhood Forum Designation Neighbourhood Area Designation Judicial Review of Local Authority Decisions

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Summary, issues, holding and outcome

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Parties

Daws Hill Neighbourhood Forum

Claimant

Stuart Armstrong

Claimant

Angus Laidlaw

Claimant

Wycombe District Council

Defendant

Secretary of State for Communities and Local Government

Interested Party

Taylor Wimpey UK Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Council acted lawfully in excluding two strategic sites from the designated Neighbourhood Area for the Daws Hill Neighbourhood Forum
  2. 2 Whether the Council failed to take into account relevant considerations or acted irrationally or contrary to statutory purpose under the Localism Act 2011

Ratio Decidendi

The Council acted lawfully and within its statutory discretion in excluding the RAF Daws Hill and Handy Cross Sports Centre sites from the designated Neighbourhood Area. The Council properly considered the appropriateness of the area in light of the strategic nature of the sites, the advanced stage of planning, and the likely ineffectiveness of a neighbourhood plan. None of the grounds of challenge were made out.

Court Disposition

Claim dismissed