Summary
Development-plan policies must be interpreted objectively, in their full textual and policy context. Although individual policies may be expressed permissively, they can collectively form a complete spatial strategy. Where that strategy identifies the locations and types of housing development that may be permitted, development outside the identified hierarchy will ordinarily conflict with the plan rather than fall into a policy vacuum.
Under section 38(6) of the Planning and Compulsory Purchase Act 2004, a decision-maker must identify and understand the relevant policies and decide whether the proposal accords with the development plan as a whole. If the proposal conflicts with the plan, permission may still be granted only if material considerations justify departing from the statutory presumption in favour of the plan. The policy presumption in favour of sustainable development does not replace that statutory exercise.
Factual background
Gladman Developments Ltd sought planning permission for up to 85 dwellings on land outside the built-up area of Blean. A planning inspector allowed its appeal under section 78 of the Town and Country Planning Act 1990, concluding that the proposal did not conflict with Policies H1 or H9 of the adopted local plan and that the plan was otherwise silent.
On the council’s section 288 challenge, Dove J quashed the inspector’s decision: [2017] EWHC 1611 (Admin). Gladman appealed. The central issue was whether the inspector had misinterpreted and misapplied the adopted and emerging local-plan policies, and thereby failed to determine the proposal in accordance with section 38(6) of the Planning and Compulsory Purchase Act 2004.
Held
Appeal dismissed. Lord Justice Lindblom’s reasoning was agreed by Floyd LJ and the Master of the Rolls. Dove J had correctly quashed the inspector’s decision.
Section 38(6) of the Planning and Compulsory Purchase Act 2004 gives statutory primacy to the development plan. The decision-maker must identify and understand the relevant policies, decide whether the proposal accords with the plan read as a whole, and then consider whether material considerations justify a departure. The interpretation of development-plan policy is a question of law, though its application after correct interpretation is generally a matter of planning judgment.
The adopted plan’s saved housing policies formed a comprehensive hierarchy of locations and circumstances in which new housing could be acceptable. That hierarchy did not become incomplete merely because former Policy H3, concerning large unidentified sites, was not saved. The policies had to be read together and in their context. Their permissive wording did not prevent the necessary inference that development lacking their express support conflicted with the plan’s housing strategy.
Policy H1 did not render development outside its identified categories neutral. Policy H9 applied only to more than minor housing on previously developed land within villages. Its four criteria qualified support for that specified form of development; they did not enlarge the policy to development on undeveloped land outside a village. The inspector therefore erred by treating the criteria as sufficient to establish compliance by the proposed development.
The plan was not “silent” for the purposes of national policy. It contained sufficient relevant policy to determine whether the proposal was acceptable in principle. The inspector wrongly treated the proposal as neutral under the plan and applied only the policy presumption in favour of sustainable development. He should first have recognised conflict with the plan and considered whether material considerations were sufficiently weighty to overcome the statutory presumption. Those errors independently required the decision to be quashed.
The challenge concerning emerging Policy SP4 added nothing necessary to the result. Even if Gladman’s argument on that policy had been correct, the errors concerning Policies H1 and H9 were sufficient to defeat the appeal.
The court’s approach to earlier authorities
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Appellate history
- Court of Appeal (Civil Division): dismissed Gladman’s appeal and upheld the quashing of the inspector’s decision.
- Administrative Court, Planning Court: Dove J allowed the council’s section 288 challenge and quashed the inspector’s decision: [2017] EWHC 1611 (Admin).
- Planning inspector: allowed Gladman’s appeal under section 78 of the Town and Country Planning Act 1990 and granted planning permission.
Appeal route
- Appealed from[2017] EWHC 1611 (Admin)This appealappeal dismissed
- This judgment [2019] EWCA Civ 669 Court of Appeal (Civil Division)
Key cases cited
11 authorities cited.
- Suffolk Coastal District Council v Hopkins Homes Ltd and another [2017] UKSC 37
- Tesco Stores Limited v Dundee City Council (Scotland) [2012] UKSC 13
- City of Edinburgh Council v Secretary of State for Scotland (Revival Properties Ltd v City of Edinburgh Council, Secretary of State for Scotland v Revival Properties Ltd) [1997] 1 WLR 1447
- Tesco Stores Ltd v Secretary of State for the Environment [1995] 1 WLR 759
- Gladman Developments Ltd v Daventry District Council & Anor [2016] EWCA Civ 1146
- Secretary of State for Communities and Local Government v BDW Trading Ltd (t/a David Wilson Homes (Central, Mercia and West Midlands)) [2016] EWCA Civ 493
- Hampton Bishop Parish Council, R (On the Application Of) v Herefordshire Council [2014] EWCA Civ 878
- Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2014] EWCA Civ 567
- Ashburton Trading Ltd v Secretary of State for Communities And Local Government & Anor [2014] EWCA Civ 378
- Crane v Secretary of State for Communities and Local Government & Anor [2015] EWHC 425 (Admin)
- Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government & Anor [2014] EWHC 754 (Admin)
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Cases citing this case
16 later cases · 14 positive · 2 caution
Most senior citing decisions:
- Thurston Parish Council, R (on the application of) v Mid Suffolk District Council & Anor. [2022] EWCA Civ 1417 applied
- Paul Newman New Homes Ltd v Secretary of State for Housing, Communities And Local Government [2021] EWCA Civ 15 applied
- Corbett, R (On the Application Of) v [2020] EWCA Civ 508 distinguished
- Chichester District Council v Secretary of State for Housing, Communities And Local Government & Anor [2019] EWCA Civ 1640
- Oliver Perrin, R (on the application of) v North Devon District Council [2026] EWHC 535 (Admin)
- Lynn Ross v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 1183 (Admin)
- Stephanie Croft, R (on the application of) v Torridge District Council [2025] EWHC 880 (Admin)
- Bellway Homes Limited, R (on the application of) v Kent County Council [2022] EWHC 2593 (Admin)
- GLENN KINNERSLEY (R on the application of) v MAIDSTONE BOROUGH COUNCIL [2022] EWHC 1825 (Admin)
- LONDON BOROUGH OF HILLINGDON (R on the application of) v MAYOR OF LONDON [2021] EWHC 3387 (Admin)
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