Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Anor
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE COLLINS
Areas of Law
- Administrative Law
- Environmental Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The Claimant, a house-building company, challenged the Defendant's decision to allow the Uppingham Neighbourhood Development Plan (UNP) to proceed to a referendum. The crux of the dispute was on the legality of site allocations within Neighbourhood Development Plans (NDPs), failure to apply the correct test under the 2004 Regulations for small local areas, and an improper environmental assessment. The court held that NDPs can allocate sites for development if they undergo proper appraisal and environmental assessment, dismissing the Claimant’s challenge and emphasizing the importance of compliance with statutory procedures.
Judgment
Mr Justice Collins:
The Claimant challenges the decision of the Defendant of 29 May 2014 to allow the Uppingham Neighbourhood Development Plan (UNP) to proceed to a neighbourhood planning referendum. Neighbourhood Development Plans (NDP) were introduced by the Localism Act 2011 . Their purpose was to enable local communities to make a final decision on certain aspects of planning policies which directly affect them. There are a number of steps which have to be taken by planning authorities in drawing up plans setting out policies which will apply in their area. The statutory provisions are complex and as will become apparent, not always well drafted. They also involve relatively lengthy processes and inquiries which does nothing to reduce expense that has to be incurred. However, it is of obvious importance that all necessary procedures are followed and that powers are not misused.
The Claimant is a house-building company which has a commercial interest in 4.1 hectares of land situated to the north west of Uppingham. The Defendant’s Core Strategy, adopted in July 2011, a Development Plan Document (DPD) within the meaning of the Planning and Compulsory Purchase Act 2004 , provided for development in land to the west or north west of Uppingham. The location and details of future housing development was to be determined through the Site Allocations and Policies DPD (SAPDPD). The SAPDPD containing preferred options was published in October 2012. There had been inclusion of the site in which the Claimant was interested in the earlier SAPDPD proposals.
In April 2013 the Defendant published its SAPDPD proposed submission document. It was the final version which needed to be approved by an Inspector, who had to be satisfied among other things that it was sound. By then, the Localism Act 2011 had come into force so that NDPs were possible. In paragraphs 1.9 to 1.12 it is said:-
“1.9 A separate Neighbourhood Plan for Uppingham is being prepared by Uppingham Town Council. This will cover Uppingham town and parts of the surrounding area and will be subject to separate consultation, examination and referendum under the Neighbourhood Planning process.
1.10 The Uppingham Neighbourhood Plan will consider proposals for residential, employment and other land use allocations in its area and allocate sites where appropriate. Consequently no sites are allocated for development in Uppingham in this Site Allocations and Policies DPD although all other policies of