Summary
A planning decision affected by an error of law need not be quashed where the court can say that the outcome would inevitably have been the same without the error. The assessment remains one for the court, while preserving planning judgment for the decision-maker.
The statutory plan-led system requires priority to be given to the development plan, but does not prescribe a rigid two-stage method. The weight given to conflict with relevant policies is a matter of planning judgment. NPPF paragraph 14 is engaged only where a neighbourhood plan contains both policies and allocations meeting its identified housing requirement in full.
Factual background
The claimant sought planning statutory review of an inspector’s decision allowing an appeal under section 78 of the Town and Country Planning Act 1990 and granting outline permission for up to 62 dwellings in the countryside at Edith Weston.
The inspector mistakenly treated the Edith Weston Neighbourhood Plan 2023–2041 as an emerging plan and material consideration, although it had become part of the development plan five days before the decision. The claimant also argued that the inspector should have applied paragraph 14 of the National Planning Policy Framework. The issues were whether the first error could have affected the outcome and whether the neighbourhood plan contained the allocations required by paragraph 14.
Held
- Ground 1 dismissed. The inspector had made an error by treating the Edith Weston Neighbourhood Plan as an emerging plan rather than as part of the development plan. The court nevertheless had to ask whether the appeal would inevitably have been allowed without that error.
- The plan-led statutory scheme gives the development plan priority, while requiring other material considerations to be weighed. It does not impose a universal two-stage exercise. The decision-maker must establish whether the proposal accords with the development plan as a whole. The weight given to policy conflict is a matter of planning judgment.
- Reading the decision letter fairly as a whole, the inspector recognised the advanced status and relevant policy conflicts of the neighbourhood plan. The conflicts with the neighbourhood plan and the existing development plan concerned the same underlying spatial strategy. In light of the acute housing land supply shortfall, the conflict carried only moderate weight, while the delivery of housing carried high-order benefit weight. The court held that the result would inevitably have been the same even if the neighbourhood plan had been given statutory development-plan status.
- Ground 2 dismissed. Paragraph 14 of the National Planning Policy Framework requires a neighbourhood plan to contain both policies and allocations meeting its identified housing requirement in full. Policy EW-SG02, concerning design principles for the redevelopment of the Officers’ Mess, informed reserved matters but did not constitute a local-plan allocation. Paragraph 14 was therefore not engaged.
- The statutory review challenge failed and the inspector’s decision stood. Consequential matters were to be agreed or addressed by written submissions within 14 days.
The court’s approach to earlier authorities
Available to signed-in members.
Key cases cited
11 authorities cited.
- 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
- Mansell vTonbridge And Malling Borough Council [2017] EWCA Civ 1314
- 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
- Weston Homes Plc, R (on the application of) v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2089 (Admin)
- Tiviot Way Investments Ltd v Secretary of State for Communities and Local Government & Anor [2015] EWHC 2489 (Admin)
- R. v Rochdale Metropolitan Borough Council, ex p. Milne [2001] JPL 470
- Mead Realisations Ltd v SSHCLG [2025] 1 P & CR 16
- Simplex GE (Holdings) Ltd v Secretary of State for the Environment [2017] PTSR 1041
Sign in to see how the court treated each authority. A free account is enough.
Cases citing this case
Available to signed-in members.