2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The Court of Appeal dismissed both the Parish Council's appeals challenging the Core Strategy and planning permission granted by the Chiltern District Council for a mixed-use development on the Holy Cross convent school site. The Court held that the District Council was not obligated to consider the 'land swap' proposal due to its non-viability, found the Inspector's reasoning adequate, determined that no material error of fact was made regarding the extent of the playing fields, and concluded that Policy CSF2 does not necessitate a 'like-for-like' replacement of community services.
Judgment
Lord Justice Beatson :
I. INTRODUCTION
The questions in these two appeals concern a site in Chalfont St Peter in Buckinghamshire owned by Holy Cross Sisters Trustees Incorporated (“the Trustees”), a charity. Between 1928 and 2006 the site was used as a convent and a convent school. On 31 July 2006 the convent school closed because the Trustees considered that it required an unsustainable level of financial support at the expense of the Holy Cross Sisters’ other charitable activities. The convent itself continues in a new building on part of the site.
At issue is whether in future part of the convent school site should be used for a school. The Chalfont St Peter Parish Council (“the Parish Council”) want the Chalfont St Peter Church of England School (“the Church of England school”) to be relocated to part of the site because the school is overcrowded and it considers that its facilities are inadequate. The Church of England school’s existing site is surrounded by residential housing which leaves no room for expansion. The convent school site is much larger and could accommodate both the school and some residential housing. The site is referred to in the documents as “the Holy Cross site, “the Grange”, and “the convent school site”. I shall refer to it by the last of these names.
The use of part of the convent school site for the Church of England school is precluded by the two decisions of the Chiltern District Council (“the District Council”) which are challenged by the Parish Council in these proceedings. The first decision challenged is that on 21 December 2010 granting the Trustees planning permission for a mixed use development on the site, including 198 dwellings. That decision confirmed the District Council’s decision on 5 August 2010 to grant planning permission subject to the completion of a section 106 agreement and the exercise by the Secretary of State of his power to “call in” the application.
The second decision challenged is the District Council’s adoption on 15 November 2011, following an examination in public before an Inspector, of a Core Strategy containing Policy CS6. Policy CS6 identified the convent school site as one of three strategic housing sites. Mr Simon Emerson, the Inspector who examined the Core Strategy document submitted by the District Council, concluded that the document, including Policy CS6, provided an appropriate basis for the planning of the district, was supported by sufficient evidence, and had a rea