Joanna Averley, Chief Planner at MHCLG (S2 E1)

Court Judgments of the Week:

(1) Wainhomes v SOSHCLG [2020]EWHC 2294; a decision of Dove J who quashed a decision of the Secretary of State to dismiss an appeal for 100 homes and remitted it for redetermination.

The case centred upon a failure of reasons to explain why a policy agreed by three authorities was considered to be up to date despite the authorities agreeing a subsequent redistribution based on an MoU based on an aggregated Standard Methodology figure.

(2) Peel Investments v SOSHCLG [2020] EWCA Civ 1836 a decision of the Court of Appeal upholding the decision of Dove J. who in turn upheld an Inspector’s decision to dismiss appeals in respect of residential development up to 600 dwellings. The case turned upon how to approach whether policy is out of date which is fundamentally a matter of planning judgment – so here policies in a plan without saved strategic policies could still be up to date.

Appeals of the Week:

(1) Successful appeal by Gladman against decision of Chorley BC for 180 homes Aug 20

(2) Tiptree appeal [18 August 2020] permission refused for 255 homes;

(3) Wokingham decision [25 August 2020] permission refused for 216 dwellings

(4) Braintree decision permission granted for up to 300 homes [17/8/20]