Oadby And Wigston Borough Council v Secretary of State for Communities And Local Government & Anor

Oadby And Wigston Borough Council v Secretary of State for Communities And Local Government & Anor

The Inspector was entitled, as a matter of planning judgment, to adopt a figure of 147 dwellings per annum as the full objectively assessed need for housing (FOAN) for the purposes of assessing whether the Council could demonstrate a five-year housing land supply. The SHMA figures relied on by the Council were policy on, as they excluded employment-driven and affordable housing needs, and the Inspector gave adequate reasons for his approach. The Council failed to demonstrate a five-year supply even on the conservative figure adopted by the Inspector. No error of law was made.

Parties
Claimant: Oadby and Wigston Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Bloor Homes Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2015
Procedural Posture
Judicial Review (statutory Application Under Section 288 of the Town and Country Planning Act 1990) / Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Housing Land Supply, Objective Assessment of Housing Need, Affordable Housing, Development Plans, National Planning Policy Framework (nppf), Judicial Review of Planning Decisions
Planning Law Administrative Law Local Government Law Housing Land Supply Objective Assessment of Housing Need Affordable Housing Development Plans National Planning Policy Framework (nppf) +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Oadby and Wigston Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Bloor Homes Limited

Second Defendant

Procedural Posture

Judicial Review (statutory Application Under Section 288 of the Town and Country Planning Act 1990) / Judgment After Hearing

Legal Issues

  1. 1 Whether the Inspector erred in law in his assessment of the full objectively assessed need for housing (FOAN) for Oadby & Wigston Borough Council for the purposes of demonstrating a five-year housing land supply under the NPPF.

Ratio Decidendi

The Inspector was entitled, as a matter of planning judgment, to adopt a figure of 147 dwellings per annum as the full objectively assessed need for housing (FOAN) for the purposes of assessing whether the Council could demonstrate a five-year housing land supply. The SHMA figures relied on by the Council were policy on, as they excluded employment-driven and affordable housing needs, and the Inspector gave adequate reasons for his approach. The Council failed to demonstrate a five-year supply even on the conservative figure adopted by the Inspector. No error of law was made.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Inspector's decision refused
  • No order for relief; Inspector's grant of outline planning permission stands