England and Wales Case Law

Barker Mill Estates (Trustees of) v Test Valley Borough Council & Anor

The High Court dismissed challenges to the Revised Test Valley Local Plan and related planning appeal decisions, upholding the council’s housing, co-operation and employment-land judgments.

• Local plan adoption
• Duty to co-operate
• Objectively assessed need (oan)
• Affordable housing
• Employment land allocation
• Presumption in favour of sustainable development

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Durant & Anor v Secretary of State for Communities and Local Government & Anor

Durant & Anor v Secretary of State for Communities and Local Government & Anor [2016] EWHC 321 (Admin) (19 February 2016)

The High Court rejected a planning challenge over a gypsy caravan site in the Green Belt, finding no procedural unfairness, no Article 8 error, and adequate reasons.

• Green belt development
• Gypsy and traveller sites
• Procedural fairness
• Article 8 echr
• Article 6 echr
• Statutory planning appeals

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Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor

Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC 1746 (Admin) (17 July 2009)

A planning challenge under section 288 of the Town and Country Planning Act 1990 failed. The court held the Inspector gave adequate reasons and made no error of law.

• Statutory planning appeals
• Interpretation of development plans
• Retail planning policy
• Sequential test for retail development
• Adequacy of reasons in planning decisions
• Planning-law

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