Taylor Wimpey West London v Secretary of State for Communities and Local Government & Ors
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE LEWIS
Areas of Law
- Administrative Law
- Property and Real Estate Law
- Environmental Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This case involved an application to quash a planning permission refusal. The Claimant argued against the inspector's interpretation of Policy SA9b, which precluded residential development on the Elvian School site in Reading. The inspector also found the proposed design poorly planned and not in compliance with the National Planning Policy Framework. The court upheld the inspector's decision, concluding that the development plan required mixed-use development, including housing and educational or community use. The inspector's assessment of the need for additional school places and critique of the proposed design's quality were deemed lawful. The application was ultimately dismissed.
Judgment
Mr Justice Lewis:
INTRODUCTION
This is an application made under section 288 of the Town and Country Planning Act 1990 (“ the 1990 Act ”) to quash a decision dated 2 December 2013 made by an inspector appointed by the Secretary of State for Communities and Local Government. By that decision, the inspector dismissed an appeal by the Claimant against a refusal of planning permission for the development of land at Elvian School, Bath Road in Reading (“the site”) for residential purposes.
The Claimant contends that the inspector misinterpreted the relevant policy, policy SA9b, in the development plan and considered that that policy precluded primarily residential development on the site. The Claimant also challenges the finding that the proposed development was poorly designed and did not comply with guidance in the National Planning Policy Framework (“the Framework”). The Claimant raises other, subsidiary, issues.
THE FACTUAL BACKGROUND
The Site
The site is approximately 5.04 hectares in size. It was, for many years, used as a school. The site includes an area of playing fields comprising about 2 hectares in size. The remaining 3 hectares include the former school buildings and two Victorian buildings, Oakland Hall and Rotherfield Grange, not now in use, and a sunken garden. The site is within 2 kilometres of the centre of Reading. It is bounded by Bath Road to the north and by Southcote Lane to the south, the former being a main access road to Reading and the latter carrying significant residential traffic. The site adjoins the grounds of the Blessed Hugh Faringdon School, a Roman Catholic secondary school.
The Policy Framework
The relevant development plan comprises the Second Defendant’s Core Strategy adopted in 2008 and the Sites and Detailed Policies Document (“the SDPD”). Policy SA9 of the SDPD deals with sites for mixed use development including housing. SA9, and the specific policy relevant to this site, provides as follows:
“SA9. OTHER SITES FOR MIXED USE DEVELOPMENT INCLUDING HOUSING
The following sites will be developed for a mix of uses including residential use according with the principles set out in this policy.”
…..
“SA9b ELVIAN SCHOOL, BATH ROAD 70-110
dwellings
Development for residential and education or alternative community use on the part of the site excluding the playing field.
Some intensification of sporting use on the playing field site may be appropriate, as long as any loss of playing fields is outweighed b