BDW Trading Ltd (t/a Barratt Homes) & Anor v Cheshire West & Chester Borough Council & Ors
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HONOURABLE MR JUSTICE SUPPERSTONE
Areas of Law
- Administrative Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The Claimants, national house-building companies, challenged the decision of Cheshire West and Chester Council to advance the draft Tattenhall Neighbourhood Plan (TNP) to a referendum. Despite an initial attempt to halt progress, a referendum endorsed the TNP on 24 October 2013. The court addressed four grounds of challenge: failure to comply with the SEA Directive, breach of Basic Conditions, apparent bias by the Examiner, and Policy 1 being improperly introduced without evidence. The court held that the TNP complied with statutory requirements, dismissed the bias claims, and found Policy 1 properly evidenced and procedurally sound.
Judgment
Mr Justice Supperstone :
Introduction
The Claimants challenge the decision of the Executive Committee of the First Defendant (“the Council”) made on 4 September 2013 to agree that the draft Tattenhall Neighbourhood Plan (“the TNP”), as amended to take account of the recommendations made by the examiner Mr Nigel McGurk, should be put to a referendum.
Initially the Claimants sought an order to prevent the TNP progressing further pending the determination of these proceedings, however subsequently it was agreed between the Claimants and the Defendants that the referendum should be held as scheduled but thereafter no further steps shall be taken to progress the TNP. The referendum took place on 24 October 2013 resulting in a majority voting to endorse the TNP.
If the TNP is adopted then it will comprise part of the development plan for that part of the Borough of Cheshire West and Chester for the purposes of s.36 of the Planning and Compulsory Purchase Act 2004 (“ the 2004 Act ”).
The Parties
The Claimants and the Second Interested Party (“Taylor Wimpey”) are national house building companies who have substantial commercial interests within the North West of England, in particular in Cheshire West. They have each applied for planning permission in respect of three green-field sites which lie on the edge of Tattenhall, within the area covered by the TNP. Each application was recommended for approval, but each was refused by the planning committee of the Council, contrary to that recommendation. Each was then appealed, pursuant to s.78 of the Town and Country Planning Act 1990 (“ the 1990 Act ”). The proposals comprised:
An appeal by Taylor Wimpey against the failure of the Council to determine within the statutory period an outline planning application for the residential development of up to 110 dwellings including construction of a new access and associated works on land adjacent to and rear of Adari, Chester Road, Tattenhall.
An appeal by Mr Ashley Wall against the refusal of outline planning permission by the Council for the residential development of up to 137 dwellings, public open space, access and associated works on land to the rear of Greenlands, Tattenhall. The Second Claimant (“Wainhomes”) have entered into a conditional contract with Mr Wall to acquire his land in the event that permission is granted.
An appeal by the First Claimant (“Barratts”) against the refusal of planning permission by the Council for the erection of 68 dwel