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Council sees off challenge over adoption of planning documents and CIL

A district council has defeated a challenge brought by a developer in the Court of Appeal over its decision to adopt a development plan document and a Community Infrastructure Levy (CIL) charging schedule.

At the heart of the case of Oxted Residential Ltd v Tandridge District Council [2016] EWCA Civ 414 was whether it was lawful for a local planning authority to adopt a development plan document and a CIL charging schedule to support a core strategy prepared under national planning policy for housing land supply that had been superseded by the National Planning Policy Framework upon its publication in March 2012.

The appellant developer argued that Tandridge should not have adopted the Tandridge Local Plan Part 2: Detailed Policies in July 2014 and also should not have adopted the schedule. 

Mr Justice Dove dismissed both challenges in the High Court. Oxted Residential appealed but the Court of Appeal last week unanimously dismissed the challenge.

In a statement Tandridge District Council said the result had “vindicated the council’s approach to plan making and in particular its ability to put in place policies which protect the character of the district’s towns and restrict inappropriate development in the Green Belt.

“Having achieved successful outcomes in both courts, the council can now continue to make decisions which seek to maintain the district as a place where people want to live, work and visit. It will also ensure new development continues to make a financial contribution to infrastructure."

The appellant has been ordered to repay all the council’s costs incurred in defending this action.

Piers Mason, Tandridge’s Chief Planning Officer, said “We are very pleased with the outcome as it demonstrates the great care undertaken by the council in all its plan making activities.”

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