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Residential development would involve material contravention of county development plan
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High Court, in planning and development judicial review proceedings, quashes planning board's decision to grant planning permission for a large-scale residential development, on the grounds that: (1) the scale of the proposed development would breach the population allocation for the area as set out in the county development plan; and (2) a development management 'justification test' was not completed where part of the application site lay in an area identified as being at risk of flooding, and therefore the development would involve a material contravention of the county development plan and is ultra vires the powers of the planning board.
Judicial review - planning and development - decision to grant planning permission for residential development - strategic housing development - material contravention of County development plan - ultra vires - scale of development - risk of flooding - 'justification test' not completed - planning board mistakenly concluded that development would not involve a material contravention of development plan and therefore failed to address statutory requirements to be considered once conflicting objectives are identified - failure to carry out property screening exercise - physical features of site - development plan - population allocation exceeded and therefore a 'material contravention' - planning board's approach - whether grant is consistent with core strategy - standard of review in interpreting a statutory development plan - legislative scheme - test for determining whether a contravention is material - parties' approaches to flood risk assessment - concept of a 'justification test' - flood risk management guidelines - objective CCF6 - language of development plan concerning assessment of development proposals - strategic flood risk assessment - zoning objectives of development plan contrary to flood risk management guidelines - failure to carry out a 'justification test' a material contravention of development plan - unequivocal language in development plan - land use zoning matrix - ancillary and principal works - trigger for 'appropriate assessment' requirement - stage 2 appropriate assessment should have been carried out - mitigation measures - whether a commitment to 'best practice' construction methods represents a reduction measure which must be excluded for purposes of reaching a screening determination - definition of 'best practice measures' - intended purpose of measure - consideration of the rationale for imposition of measure - objective interpretation - screening determination invalid as it improperly relied upon 'best practice measures' in determining development's impact on European sites - jurisdictional error - landowner consent - certiorari granted.
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