New Dawn Homes Ltd v Secretary of State for Communities and Local Government [2016] EWHC 3314 (Admin) (20 December 2016)

New Dawn Homes Ltd v Secretary of State for Communities and Local Government [2016] EWHC 3314 (Admin) (20 December 2016)

Policy HOU13, when interpreted in light of its explanatory text, allows for the aggregation of sites for the purpose of affordable housing thresholds, and such aggregation is not limited to prospective applications. The explanatory text is relevant to the interpretation of the policy and does not impermissibly add to it. The Inspector's decision was lawful.

Citation
[2016] EWHC 3314 (Admin)
Parties
Claimant: New Dawn Homes Limited; First Defendant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Substantive Application After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Affordable Housing, Interpretation of Planning Policy, Aggregation of Development Sites, Judicial Review, Statutory Development Plans
Planning Law Administrative Law Affordable Housing Interpretation of Planning Policy Aggregation of Development Sites Judicial Review Statutory Development Plans

Case Brief

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Parties

New Dawn Homes Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Procedural Posture

Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Substantive Application After Rolled Up Hearing

Legal Issues

  1. 1 Whether Policy HOU13 of the Tewkesbury Borough Local Plan permits aggregation of sites for affordable housing thresholds
  2. 2 Whether aggregation under Policy HOU13 can be applied retrospectively or only prospectively
  3. 3 Whether explanatory text in a local plan can affect the interpretation of policy

Ratio Decidendi

Policy HOU13, when interpreted in light of its explanatory text, allows for the aggregation of sites for the purpose of affordable housing thresholds, and such aggregation is not limited to prospective applications. The explanatory text is relevant to the interpretation of the policy and does not impermissibly add to it. The Inspector's decision was lawful.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review on ground 1 granted; claim for statutory review dismissed; permission to apply on ground 2 refused