In a recent High Court judgment (19 Feb) important clarification of the Government’s housing policy under the National Planning Policy Framework (NPPF), para.49. In his judgment, Collins J confirms that the developer must still show there is a realistic prospect of some of that development being built even where the local planning cannot show a five year deliverable housing supply. The judgment comes after Barrow-Upon- Soar Parish Council challenged the Secretary of State’s decision to grant planning permission to Leicestershire housebuilder, Jelson Homes, on the basis that Jelson had not satisfactorily demonstrated that a major sewerage problem could be sufficiently overcome to allow its 300 house scheme to proceed promptly. The Parish Council had argued that the Secretary of State’s Inspector should have examined the issue more rigorously and not simply accepted Jelson’s word that the problem would be solved. However, Collins J decided that the imposition of a planning condition restricting the development from starting until the issue had been addressed was adequate and did not warrant the outline permission being quashed. John Pugh-Smith acted for Barrow-Upon-Soar Parish Council.
To read a news article about this case please follow this link to the Leicester Mercury.