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Gallagher Properties Ltd v Secretary of State for Communities and Local Government [2016] EWHC 674 (Admin)

DATE: 14 Jan 2016

This was a High Court challenge to an Inspector’s dismissal of a planning appeal relating to a proposed 56,000sqm industrial estate at Waterside Park in Kent. The grounds of challenge included that the Inspector was wrong not to recognise that the Local Plan was “out of date” within the meaning of NPPF para. 14 and that she had erred in law in rejecting the developer’s case that the economic benefits of the development outweighed its environmental impacts. Collins J. dismissed all the grounds of challenge. 

Charles Banner appeared for the Secretary of State, instructed by the Government Legal Department.

Stephen Whale appeared for Maidstone Borough Council, who supported the Secretary of State’s defence of the challenge.