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The High Court quashed a planning appeal decision, holding the Inspector misunderstood policy requiring proportionate infrastructure contributions for a strategic allocation.
Trafford Metropolitan Borough Council v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 261 (Admin) (20 February 2026)
The High Court quashed a planning appeal decision after holding that the Inspector misunderstood development plan policies on New Carrington infrastructure contributions.
The inspector's interpretation of policy IN1 was correct in considering economic viability as a contextual qualifier, his reasoning on precedent was adequate given the evidence and context, and his conclusion on the lack of necessity for a primary school in the north part of Foxbridge was rational and sufficiently reasoned based on pupil yield and practicalities.
Source excerpt
Swindon Borough Council v Secretary of State for Levelling Up, Housing And Communities & Anor [2023] EWHC 1627 (Admin) (30 June 2023)
The High Court dismissed Swindon Borough Council’s statutory review challenge to an inspector’s grant of planning permission for 220 dwellings at Foxbridge.
The High Court dismissed a planning appeal against refusal of permission for 200 homes, holding the inspector could consider wider infrastructure needs and piecemeal development.
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