Bedford Park Developments v Secretary of State for Levelling Up, Housing and Communities & Anor
[2024] EWHC 2337 (Admin)
Weston Homes Plc, R (on the application of) v Secretary of State for Levelling Up, Housing and Communities & Anor
7 August 2024
[2024] EWHC 2089 (Admin)
High Court
A judge overturned a decision to refuse planning permission because the person who made the decision made several mistakes. The mistakes were about how the judge considered environmental benefits, the impact on a school, and the protection of a nearby forest. The judge said the original decision wasn't fair and must be reconsidered.
Key Facts
- •Weston Homes plc challenged the Inspector's refusal of their s.62A planning permission application for 96 dwellings.
- •The application was made to the Secretary of State due to Uttlesford District Council's designation under s.62B for inadequate planning performance.
- •The development site was near Takeley, adjacent to Prior's Wood and Smiths Green Lane.
- •The application was a revised scheme following a previous appeal refusal in 2022.
- •Key issues included impact on heritage assets, landscape character, and ancient woodland (Prior's Wood).
- •The Inspector refused permission, citing harm outweighing benefits and inadequate buffer zone for Prior's Wood.
Legal Principles
Adequacy of reasons in planning decisions.
Save Britain’s Heritage v Number 1 Poultry [1991] 1 WLR 153; South Bucks District Council v Porter (No. 2) [2004] 1 WLR 1953
Consistency in decision-making; reasons for differing from previous decisions.
North Wiltshire District Council v Secretary of State for the Environment (1992) 65 P & CR 137
Duty to act fairly; what fairness demands depends on context.
Lloyd v McMahon [1987] AC 625; R v Secretary of State for the Home Department ex parte Doody [1994] 1 AC 531
Treatment of biodiversity net gain (BNG); cannot give retrospective effect to future legislation.
NRS Saredon Aggregates Limited v Secretary of State for Levelling Up, Housing and Communities [2024] Env. L.R. 18
Material considerations in planning decisions; weighing of benefits and harms.
E v Secretary of State for the Home Department [2004] QB 1044
Outcomes
Claim for statutory review succeeds; decision to refuse planning permission quashed.
Errors of law in the Inspector's handling of BNG, school land provision, and assessment of Prior's Wood's protection, leading to substantial prejudice.
Ground 1 (BNG) upheld.
Inspector erred by applying future legislative requirements retrospectively and providing legally inadequate reasons.
Ground 2 (school land) upheld.
Inspector failed to adequately address the difference from the 2022 Inspector's finding on school land as a significant benefit and failed to give reasons for departing from it.
Ground 4 (Prior's Wood) upheld.
Inspector inconsistently treated the impact on trees in Prior's Wood without adequate reasoning, and failed to address concerns about air pollution fairly.
Grounds 3 and 5 rejected.
Weston failed to demonstrate material prejudice from procedural unfairness or that the Inspector failed to consider relevant policies.
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