Woodfield v JJ Gallagher and Others
| Jurisdiction | England & Wales |
| Judge | Lord Justice Laws,Lord Justice Lindblom |
| Judgment Date | 12 October 2016 |
| Neutral Citation | [2016] EWCA Civ 1007 |
| Court | Court of Appeal (Civil Division) |
| Date | 12 October 2016 |
[2016] EWCA Civ 1007
COURT OF APPEAL
Before Lord Justice Laws and Lord Justice Lindblom
The court's power to give directions when remitting a local plan, where objections had been raised to a single policy within the plan, extended to giving directions that the secretary of state for communities and local government appoint a planning inspector who would recommend adoption of the policy subject to a modification and that the local planning authority adopt the policy subject to that modification.
The Court of Appeal so stated when dismissing the appeal of Dominic Woodfield against a decision by Mrs Justice Patterson in the Planning Court([2016 EWHC 290 (Admin)) to make such an order when granting relief on an application made under section 113 of the Planning and Compulsory Purchase Act 2002 (as amended by section 185 of the Planning Act 2008) by the developers, JJ Gallagher Ltd, London and Metropolitan International Developments Ltd and Norman Trustees, challenging the adoption by Cherwell District Council of the Cherwell Local Plan 2011-2031.
Mr Richard Turney for Mr Woodfield; Mr Satnam Choongh for the developers; Mr Richard Kimblin, QC for the secretary of state. The council did not appear and was not represented.
LORD JUSTICE LINDBLOM said that the challenge had been to a single policy in the plan. An inspector appointed by the secretary of state had conducted an examination into the local plan and recommended its adoption, including the contested policy.
Mr Woodfield had played no part in the proceedings in the court below, but when it became clear that the council was not intending to appeal against the judge's order he launched an appeal of his own.
Both the developers and the secretary of state opposed the appeal and the council had played no part in it. The inspector had subsequently produced an addendum report in which he recommended the amendment to the policy required in the judge's order. But the council had awaited the outcome of the appeal before proceeding to adopt the policy in that amended form.
The court's power under section 113(7A) to give directions when remitting a local plan, in particular its power under subsection (7B)(c) and (d) to give directions requiring the taking of "action" extended to giving directions such as the judge gave in the particular circumstances of the case.
Subsection (7B)(c) was broadly framed. It...
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...Inspector about the Core Strategy which are matters of planning judgment for them and not the court.” 6 In JJ Gallagher v Cherwell DC [2016] EWCA Civ 1007 the Court of Appeal considered the extent of the powers under s.113(7) and said at [29]: “29. The court's powers to grant appropriate r......
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Table of Cases
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Development Plans and Plan-making
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