- Court upholds inspector’s finding that duty to co-operate was inadequately satisfied in local plan production (Sevenoaks DC v SSHCLG)
- What are the practical implications of this case?
- What was the background?
- Legal background
- Factual background
- What did the court decide?
- Ground 2—failure to correctly interpret and apply the duty to co-operate
- Ground 1—failure to apply a margin of appreciation when considering PCPA 2004, s 33A test
- Ground 3—failure to have regard to material considerations
- Case details
Planning analysis: The court dismissed a challenge to an inspector’s finding at a local plan examination that Sevenoaks District Council had not discharged the duty to co-operate and therefore the plan was not legally compliant. The inspector’s conclusions that there had not been constructive, active and ongoing engagement in attempting to resolve issues arising from unmet housing needs were lawful and appropriate.
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