St Modwen Developments Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 968 (Admin) (28 April 2016)

St Modwen Developments Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 968 (Admin) (28 April 2016)

The Inspector and Secretary of State did not err in law in interpreting the NPPF to allow inclusion of sites without planning permission in the five-year housing land supply, provided a reasonable planning judgment is made on deliverability. There was sufficient evidence for the Inspector to conclude that ERYC had a five-year supply of deliverable housing sites. The approach to calculating the housing requirement based on the SHMA was lawful. The challenge was dismissed on all grounds.

Citation
[2016] EWHC 968 (Admin)
Parties
Claimant: St Modwen Developments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Riding of Yorkshire Council; Interested Party: Emma Reid-Chalmers
Jurisdiction
England and Wales
Judgment Date
28 April 2016
Procedural Posture
Judicial Review (s288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of National Planning Policy Framework (nppf), Five Year Housing Land Supply, Deliverability of Housing Sites, Viability Evidence in Planning, Strategic Housing Market Assessment (shma), Judicial Review of Planning Decisions
Planning Law Administrative Law Local Government Law Interpretation of National Planning Policy Framework (nppf) Five Year Housing Land Supply Deliverability of Housing Sites Viability Evidence in Planning Strategic Housing Market Assessment (shma) +1 more

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Parties

St Modwen Developments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Riding of Yorkshire Council

Second Defendant

Emma Reid-Chalmers

Interested Party

Procedural Posture

Judicial Review (s288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector and Secretary of State misinterpreted the NPPF regarding deliverability and availability of housing sites for the five-year supply
  2. 2 Whether planning permission is a prerequisite for a site to be considered 'deliverable' or 'available now' under NPPF [47]
  3. 3 Whether the evidence on viability and deliverability of sites in the emerging local plan was adequate

Ratio Decidendi

The Inspector and Secretary of State did not err in law in interpreting the NPPF to allow inclusion of sites without planning permission in the five-year housing land supply, provided a reasonable planning judgment is made on deliverability. There was sufficient evidence for the Inspector to conclude that ERYC had a five-year supply of deliverable housing sites. The approach to calculating the housing requirement based on the SHMA was lawful. The challenge was dismissed on all grounds.

Court Disposition

Claim dismissed