New Dawn Homes Ltd v Secretary of State for Communities and Local Government

New Dawn Homes Ltd v Secretary of State for Communities and Local Government

Policy HOU13, interpreted in context with its explanatory text, allows aggregation of sites for affordable housing thresholds, and such aggregation is not limited to prospective applications. The explanatory text does not impermissibly add to the policy but aids its interpretation. The Inspector did not err in law in his approach.

Parties
Claimant: New Dawn Homes Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Tewkesbury Borough Council
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 Following Rolled Up Hearing
Outcome
Claim for statutory review dismissed; permission to apply for judicial review on ground 2 refused.
Legal Topics
Interpretation of Planning Policy, Affordable Housing Thresholds, Aggregation of Development Sites, Judicial Review of Planning Decisions
Planning Law Administrative Law Interpretation of Planning Policy Affordable Housing Thresholds Aggregation of Development Sites Judicial Review of Planning Decisions

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Parties

New Dawn Homes Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Tewkesbury Borough Council

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether Policy HOU13 allows aggregation of land for affordable housing threshold purposes
  2. 2 Whether aggregation under Policy HOU13 can be applied retrospectively or only prospectively
  3. 3 Whether explanatory text in a local plan can add to or interpret policy requirements

Ratio Decidendi

Policy HOU13, interpreted in context with its explanatory text, allows aggregation of sites for affordable housing thresholds, and such aggregation is not limited to prospective applications. The explanatory text does not impermissibly add to the policy but aids its interpretation. The Inspector did not err in law in his approach.

Court Disposition

Claim for statutory review dismissed; permission to apply for judicial review on ground 2 refused.

Orders

  • Claim for statutory review under section 288 TCPA 1990 dismissed
  • Permission to apply for judicial review on ground 2 refused