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Relief Determined Following Plan Examination Inspectors’ Legal Errors: Aireborough Neighbourhood Development Forum v Leeds City Council [2020] EWHC 2183 (Admin)

Juan Lopez

On 7 August 2020 Lieven J determined the relief to be granted in order to proportionately remedy legal errors of two Plan Examination Inspectors of the Secretary of State when recommending the adoption of proposed green belt (housing and mixed-use) allocations under the Leeds City Council Site Allocations Plan (SAP). Lieven J had earlier found ([2020] EWHC 2183 (Admin)) that the Examination Inspectors had misunderstood up-to-date housing requirement data properly produced by the City Council, with regard to the appropriate methodology for calculating forward housing supply. The Examination Inspectors’ reasons given on the related issue of whether exceptional circumstances existed to justify the extent of proposed green belt release were found inadequate. 

Under s.113(7)(b) of the Planning and Compulsory Purchase Act 2004, having regard to the specific nature and stage of the Examination Inspectors’ legal errors, Lieven J remitted the relevant green belt policies for reconsideration at Examination (in 2021).

Juan Lopez was instructed and appeared on behalf of Leeds City Council.