Case

High Court upholds Secretary of State's refusal of planning permission for housing development in light of Neighbourhood Plan

Mr Justice Lindblom in Crane v SSCLG [2015] EWHC 425 rejected a challenge under s.288 to a decision of the Secretary of State  refusing planning permission for 111 dwellings at Broughton Astley, Leicestershire. The Secretary of State  had refused permission on the basis that the development was in conflict with the Neighbourhood Plan, even though the Council did not have a 5 year land supply and both Local Plan and Neighbourhood Plan were therefore out of date under the NPPF. This is an important decisions for those promoting or opposing development in conflict with an adopted or emerging Neighbourhood Plan. Nathalie Lieven QC represented the Secretary of State.

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