Hopkins Homes Ltd v Secretary of State for Communities And Local Government & Anor

Hopkins Homes Ltd v Secretary of State for Communities And Local Government & Anor

The Inspector fundamentally misinterpreted paragraph 49 of the NPPF by failing to treat certain local plan policies as out of date in the absence of a five-year housing supply, which materially affected the planning balance and decision; this error was not merely a failure to give reasons but a misapplication of policy, warranting quashing the decision.

Parties
Applicant: Hopkins Homes Ltd; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Suffolk Coastal District Council
Jurisdiction
England and Wales
Judgment Date
30 January 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application succeeds; Inspector's decision quashed.
Legal Topics
Interpretation of National Planning Policy Framework, Supply of Housing Policies, Heritage Asset Assessment, Planning Balance, Local Plan Policy Status
Planning Law Administrative Law Interpretation of National Planning Policy Framework Supply of Housing Policies Heritage Asset Assessment Planning Balance Local Plan Policy Status

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Parties

Hopkins Homes Ltd

Applicant

Secretary of State for Communities and Local Government

First Defendant

Suffolk Coastal District Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector misinterpreted paragraph 49 of the National Planning Policy Framework regarding policies for the supply of housing
  2. 2 Whether the Inspector misdirected himself as to the status of the limits boundary to Yoxford
  3. 3 Whether the Inspector misdirected himself as to the status of Policy AP4

Ratio Decidendi

The Inspector fundamentally misinterpreted paragraph 49 of the NPPF by failing to treat certain local plan policies as out of date in the absence of a five-year housing supply, which materially affected the planning balance and decision; this error was not merely a failure to give reasons but a misapplication of policy, warranting quashing the decision.

Court Disposition

Application succeeds; Inspector's decision quashed.

Orders

  • The decision of the Inspector dated 15 July 2014 is quashed.