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England and Wales decisions
Decisions matching the current search
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.
Claimants were ready, able, and willing to complete the contract for sale of land as at 23 February 2024; defendant's objections are unsupported by evidence and do not preclude specific performance. Specific performance is ordered. Damages claim to be resolved separately under appropriate procedure.
Source excerpt
Bedford Park Develpments v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2337 (Admin) (12 September 2024)
Statutory review of a planning inspector’s refusal: the High Court rejected claims of procedural unfairness, inconsistency with a prior appeal, irrationality, and inadequate reasons.
The Upper Tribunal allowed an appeal against a nil CAAD certificate, holding that the site could only support a wholly employment-led alternative development, not the appellant’s residential-led schemes.
The Supreme Court held that planning condition 39 did not require dedication of access roads as public highways and that such a condition would be unlawful without express statutory authority.
HFAG Ltd (Hampden Fields Action Group), (R On The Application Of) V Buckinghamshire Council [2022] EWHC 523 (Admin) (11 March 2022)
Judicial review of a planning permission with a section 106 health-centre obligation was dismissed. The court found the council lawfully exercised planning judgment.
The High Court held that a June 2018 notice was invalid because the claimant lacked a rational basis and honest belief that occupiers would demand the services.
Raja v McmIllan [2021] EWCA Civ 1103 (21 July 2021)
Court of Appeal refused to strike out or summarily dismiss claims arising from an alleged affordable-housing scheme, holding that key factual and legal issues had to go to trial.
Aspire Luxury Homes (Eversley) Ltd v Hart District Council [2020] EWHC 3529 (QB) (21 December 2020)
The High Court refused to strike out a claim about the meaning and effect of a section 106 affordable housing obligation, holding it could proceed as a civil claim.
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