Zurich Assurance Ltd v Winchester City Council & Anor
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HONOURABLE MR JUSTICE SALES
Areas of Law
- Administrative Law
- Property and Real Estate Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
Zurich sought to challenge parts of the Winchester District Local Plan Part 1 – Joint Core Strategy but the Court dismissed the challenge, finding the methodology for housing requirement assessment sound, compliance with the duty to cooperate, and an adequate Sustainability Appraisal in line with the SEA Directive and Environmental Assessment Regulations.
Judgment
Mr Justice Sales:
Introduction
This is an application pursuant to section 113 of the Planning and Compulsory Purchase Act 2004 for an order that parts of the Winchester District Local Plan Part 1 – Joint Core Strategy (“the Core Strategy”), jointly adopted by the Defendants with effect on 20 March 2013, be quashed or remitted for further examination. I refer to the Defendants as “WCC” and “SDNPA”, respectively.
WCC had the principal role in developing the Core Strategy for adoption. The Core Strategy provides policy at a strategic level for the development of its area. Amongst other things, the Core Strategy sets a figure for the amount of new housing provision to be delivered in WCC’s area over a 20 year period and guidance as to where it is to be provided. The Core Strategy sets an overall requirement of 12,500 new homes to be provided in WCC’s area in the period 2011-2031.
The Core Strategy was developed and adopted against the background of another plan, the regional strategy for the South East adopted in 2009, known as the South East Plan. The South East Plan set a regional requirement for new housing for the period 2006-2026, of which a requirement of 12,240 was allocated to WCC’s area.
The importance of the Core Strategy is not in doubt. It forms part of the local development plan for WCC’s area under the 2004 Act, and applications for residential and other development will be assessed against its policy provisions and will be expected to comply with it, absent good reason not to: see section 38(6) of the 2004 Act and section 70(2) of the Town and Country Planning Act 1990 . It also sets the framework for development by WCC of more detailed development plan documents below the strategic level, which will themselves form part of the local development plan for WCC’s area.
The Claimant (“Zurich”) owns a substantial area of land in WCC’s area, at Micheldever Station. It hopes at some stage to be able to develop that land by building houses on it. However, Micheldever Station is not an area designated for development in the Core Strategy.
Zurich’s challenge to the Core Strategy was brought within time, but there is a dispute between the parties whether Zurich qualifies as “a person aggrieved by” the Core Strategy, as required by section 113(3) of the 2004 Act in order to be entitled to make this application. In the course of development of and consultation on the Core Strategy, including its examination by an Inspector (Mr Nigel Payne) a