On 16 June 2017, Singh J. dismissed a s.288 challenge by Stroud DC to the Secretary of State’s decision to grant planning permission to Charles Church Developments / Persimmon Homes Ltd for a 188 dwelling development on the edge of the historic town of Berkeley.
Singh J found that the Inspector had correctly applied s.38(6) of the Planning and Compulsory Purchase Act 2004 and that he had been entitled to assess the sustainability of the scheme against the NPPF even though NPPF 14 was not engaged. The Inspector had been entitled to give less weight to the conflict with the settlement boundary policies in the recently adopted Local Plan because the local planning authority had not included an in principle objection to developing the site in its reasons for refusal.
Richard Moules appeared for the Secretary of State.
Charles Banner appeared for Charles Church Developments Ltd.