Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government & Anor
2014
ADMINISTRATIVE COURT
UK
CORAM
- Mr Justice Lindblom
Areas of Law
- Administrative Law
- Environmental Law
- Property and Real Estate Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
Bloor Homes East Midlands Limited challenged the inspector's decision dismissing its appeal against the refusal of planning permission for 91 houses. The main issues were housing supply and the impact on the Green Wedge. The court held that the inspector's conclusions on prematurity and the impact on the Green Wedge were reasonable. However, the inspector failed to address the argument regarding a 10% discount for housing delivery on larger sites, leading to the quashing of the decision. Key legal principles include the flexible construction of decision letters, giving adequate reasons, the weight of material considerations, and consistency in decision-making.
Judgment
Mr Justice Lindblom:
Introduction
Next to the cemetery in the village of Groby in Leicestershire, on the open land between Groby and the neighbouring village of Ratby, is a site that has been put forward several times for the development of housing. Every attempt so far has failed. This case is about the latest.
By an application made under section 288 of the Town and Country Planning Act 1990 (“the 1990 Act”) the claimant, Bloor Homes East Midlands Limited (“Bloor”), challenges the decision of the inspector appointed by the first defendant, the Secretary of State for Communities and Local Government (“the Secretary of State”), to dismiss its appeal against the refusal by the second defendant, Hinckley and Bosworth Borough Council (“the Council”), of its application for planning permission to build 91 houses on the site. The inspector’s decision letter was issued on 22 January 2013. He had held an inquiry into Bloor’s appeal in December 2012.
The inspector’s decision letter
In paragraph 2 of his decision letter the inspector identified two main issues in the appeal. The first was “the adequacy of the supply of housing in the [borough of Hinckley and Bosworth]”, and the second “the effect of the proposed development on the character and appearance of the Rothley Brook Meadow Green Wedge [“the Green Wedge”]”. He also identified “a further consideration” in each of these two main issues was “the impact of the appeal proposals on the emerging Site Allocations and Generic Development Control Policies Development Plan Document [“the Site Allocations DPD”] ” .
In paragraph 3 the inspector described the site, its location and its recent planning history:
“The 4.4ha appeal site is in the Green Wedge that separates the villages of Groby and Ratby. Although within Ratby Parish, it borders residential development in Groby and there is open land between the site and Ratby village. There have been several unsuccessful planning applications for housing on the site, the most recent resulting in a dismissed appeal in 2011. The Appellants have also sought to promote the site for housing at the local Inquiries into the Local Plan and Core Strategy.”
In paragraphs 4 to 15 of his letter the inspector considered the issue of housing supply.
In paragraph 4 he noted that the Hinckley and Bosworth Core Strategy (“the core strategy”), which was adopted in December 2009, envisaged that most of the housing development in the borough would be provided “in the