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R (Persimmon Homes Ltd) v Secretary of State For Communities & Local Government and Cherwell District Council

DATE: 11 Jul 2007

Instructed (with Richard Drabble QC) by Cherwell District Council. Sullivan J dismissed Persimmon's application for judicial review of the Secretary of State's (represented by Paul Brown) decision not to call-in an application for outline planning permission made by Hallam Land Management Limited and JJ Gallagher Limited, for residential development, comprising up to 1070 dwellings, with associated facilities including primary school, playing fields, local shops and community facilities and 2200 sqm of employment provision on land at Banbury. Persimmon (Martin Kingston QC) unsuccessfully argued that the Secretary of State had acted unlawfully in the exercise of the power, pursuant to s.77 of the Town and Country Planning Act 1990, to call in planning applications, by failing to take into account material considerations in relation to community involvement, prematurity and alternative sites. The Claimants also unsuccessfully argued that the Secretary of State took into account immaterial considerations, in relation to assessing the merits of the application and had also acted perversely and irrationally.