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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Swindon Borough Council v Secretary of State for Housing Communities and Local Government & Anor [2019] EWHC 1677 (Admin) (01 July 2019) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2019/1677.html Cite as: [2019] EWHC 1677 (Admin) |
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QUEEN'S BENCH DIVISION
PLANNING COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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SWINDON BOROUGH COUNCIL |
Claimant |
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- and - |
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SECRETARY OF STATE FOR HOUSING COMMUNITIES AND LOCAL GOVERNMENT DB SYMMETRY LTD |
Defendants |
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Charles Streeten (instructed by Government Legal Department) for the First Defendant
Richard Humphreys QC (instructed by Jones Day) for the Second Defendant
Hearing date: 18 June 2019
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Crown Copyright ©
Mrs Justice Andrews:
Introduction
Background
"Outline application for employment development including B1b (research and development/light industrial), B1c (light industrial), B2 (general industrial) and B8 (warehouse and distribution), new landscaping and junction to A420 (means of access not reserved)."
The permission was subject to 50 conditions.
"to ensure that the arrangement of employment uses on site is acceptable and allows for north/south and east/west highway linkages to site boundaries in the interests of the proper and comprehensive planning of the wider New Eastern Villages Development Area".
The New Eastern Villages Development Area is referred to in some of the relevant documentation as the NEV, and I will adopt that abbreviation in this judgment. It comprises the site and land around it, all on the east side of the A419 which runs from North to South. It comprises a mix of housing, employment, and retail development including, I was informed, two new villages to the South of the site.
"The proposed estate roads, footways, footpaths, verges, junctions, street lighting,… service routes…vehicle overhang margins,…accesses, carriageway gradients, driveway gradients, car parking and street furniture shall be constructed and laid out in accordance with details to be submitted and approved by the Local Planning Authority in writing before their construction begins. For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.
Reason: to ensure that the roads are laid out and constructed in a satisfactory manner."
"The proposed footways/footpaths shall be constructed in such a manner as to ensure that each unit, before it is occupied or brought into use, shall be served by a properly consolidated and surfaced footway/footpath to at least wearing course level between the development and highway.
Reason: to ensure that the development is served by an adequate means of access.
"Roads
The proposed access roads, including turning spaces and all other areas that serve a necessary highway purpose, shall be constructed in such a manner as to ensure that each unit is served by fully functional highway, the hard surfaces of which are constructed to at least basecourse level prior to occupation and bringing into use.
Reason: to ensure that the development is served by an adequate means of access to the public highway in the interests of highway safety."
[Emphasis added.]
"Prior to construction of any footway, cycleway or carriageway, subject of this reserved matters application hereby approved, a strategy for future maintenance and repair of the footway, cycleway or carriageway shall be submitted to and approved by the Local Planning Authority. The strategy, hereafter referred to as the "Maintenance Strategy", shall be fully implemented prior to first use of any footway, cycleway or carriageway, subject of this reserved matters application hereby approved, and shall ensure that any section of footway, cycleway or carriageway within the development which is in use and is not the subject of an agreement with the local highway authority under section 38 of the Highways Act 1980 is maintained to a standard which is safe for use by the general public."
The Planning Inspector's decision
The interpretation of conditions in a planning permission
i) Be for a planning purpose;
ii) Fairly and reasonably relate to the development permitted; and
iii) Not be Wednesbury unreasonable,
see Viscount Dilhorne's speech at 599H-600B.
Construction of the permission
"The word highway has no single meaning in the law but, in non-technical language, it is a way over which the public have rights of passage, whether on foot, on horseback or in (or on) vehicles."
"At common law a highway is a way over which all members of the public have a right to pass and repass without hindrance."
Conclusion