The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject the claimant’s own application.
Held: The claim failed. Neither the intent nor the effect of the statement and letter of 10 November 2010 were subversive of the policy and objects of the existing planning legislation. The claim was based upon an incorrect understanding of what the respondent had done. Lindblom J said: ‘Because planning decision-making is a process informed by policy, prospective changes to the policy framework itself may logically be seen as relevant to a planning decision. They engage the public interest. And they are germane to the character and the use of land. This proposition sits well, in my view, with the latitude the court has traditionally given to the ambit of what may be material in a planning decision. And if changes to the matrix of national policy, as they emerge in draft circulars or draft Planning Policy Statements, and changes to local policy, as they come forward in draft development plan documents, can be material considerations, their weight being contingent on the stage they have reached in their progress towards finality, why should the same not be so of changes to the composition of the development plan promised by legislative proposals? I see no distinction in principle. Pragmatism and common sense support this approach.’ and
‘there is, in my judgment, no inconsistency between, on the one hand, the concept of Regional Strategies forming a central element of the statutory system, and, on the other, the concept that local planning authorities and Inspectors and the Secretary of State himself, as decision-makers, may take into account the fact that the national administration now in power has decided to go about abolishing Regional Strategies by means of an Act of Parliament. That Regional Strategies are at present central in the planning system does not render irrelevant and unlawful, for the purposes of a planning decision, the Government’s intention to reform the system by removing them from it.’
Lindblom J
[2011] EWHC 97 (Admin), [2011] 1 P and CR 22
Bailii
Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 38(3), Local Democracy, Economic Development and Construction Act 2009
England and Wales
Citing:
See Also – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 10-Nov-2010
Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill. The claimant objected that this could only be . .
See Also – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government Admn 16-Dec-2010
Local authorities were presently bound to plan future housing developments in accordance with Regional Spatial Strategies which the new government intended to abolish. The respondent had previously been told by the court that primary legislation was . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Stringer v Ministry of Housing and Local Government 1970
The material considerations to be allowed for by the local authority in exercising its planning functions are considerations of a planning nature, ‘all considerations relating to the use and development of land are considerations which may, in a . .
Cited – CREEDNZ Inc v The Governor General 1981
(New Zealand) The court looked at those considerations which a decision maker can choose for himself whether or not to take them into account. Cooke J said: ‘what has to be emphasised is that it is only when the statute expressly or impliedly . .
Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Regina v Braintree District Council, ex parte Malcolm William Halls CA 1-Mar-2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as . .
Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? . .
Cited – Regina v Westminster City Council, ex parte Monahan CA 1989
The Royal Opera House sought permission and listed building consents to carry out a re-development, extending and modernising the House raising it to international standards, and to develop the surrounding area consistently with that project. Parts . .
Cited – Regina v Bolton Metropolitan Council, ex parte Kirkman 1998
. .
Cited – Devon County Council v Secretary of State for the Environment 1990
The court was asked whether an Inspector should have had regard to the changes in ministerial policy which were to lead to the introduction of section 54A of the 1990 Act.
Held: Hutchinson J said (obiter): ‘that the Inspector was not obliged . .
Cited – City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals) HL 31-Oct-1997
The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the . .
Cited – Congreve v Secretary of State for the Home Office CA 1976
The appellant had bought his television licence when the charge was andpound;12 although the minister had already announced that it would later be increased to andpound;18. The Home Office wrote to those who had purchased their licence before the . .
Cited – Tesco Stores Ltd v Secretary of State for the Environment and Others HL 11-May-1995
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for . .
Cited – Regina v Secretary of State for Trade and Industry, ex parte Greenpeace Ltd Admn 1998
The court considered the need for speedy action in challenging planning decisions, and the need not to wait for the last available day. A review request should be directed at the decision properly under challenge. Laws J held: ‘In Gooding and Adams . .
Cited – Laker Airways v Department of Trade CA 15-Dec-1976
Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: . .
Cited – Congreve v Secretary of State for the Home Office CA 1976
The appellant had bought his television licence when the charge was andpound;12 although the minister had already announced that it would later be increased to andpound;18. The Home Office wrote to those who had purchased their licence before the . .
Cited by:
Cited – Hinds, Regina (on The Application of) v Blackpool Council Admn 17-Mar-2011
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. . .
Appeal from – Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another CA 27-May-2011
The respondent had circularised local authorities to say that when assessing future local housing needs a proper material consideration was the proposed Localism Bill which would lead to the replacement of ‘Regional Spatial Strategies’ on which such . .
Cited – Suffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .
Lists of cited by and citing cases may be incomplete.
Planning, Administrative
Updated: 09 November 2021; Ref: scu.428475