Jelson Ltd v Secretary of State for Communities and Local Government & Anor

Jelson Ltd v Secretary of State for Communities and Local Government & Anor

The inspector lawfully exercised planning judgment in assessing the OAN for housing, including affordable housing, in accordance with the NPPF and PPG. She was entitled to reject the 980 dwellings per annum figure as theoretical and not representative of the full, objectively assessed needs. Her approach was consistent with established case law and was not irrational or unlawful.

Parties
Appellant: Jelson Ltd.; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Hinckley and Bosworth Borough Council
Jurisdiction
England and Wales
Judgment Date
19 January 2018
Procedural Posture
Civil Appeal / Appeal From Administrative Court (planning Court)
Outcome
Appeal dismissed
Legal Topics
Assessment of Housing Need, Affordable Housing, Judicial Review of Planning Decisions, Interpretation of National Planning Policy Framework (nppf)
Planning Law Administrative Law Assessment of Housing Need Affordable Housing Judicial Review of Planning Decisions Interpretation of National Planning Policy Framework (nppf)

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Parties

Jelson Ltd.

Appellant

Secretary of State for Communities and Local Government

First Respondent

Hinckley and Bosworth Borough Council

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Administrative Court (planning Court)

Legal Issues

  1. 1 Whether the inspector lawfully assessed the 'full, objectively assessed needs' (OAN) for housing under the NPPF and PPG.
  2. 2 Whether the inspector erred in rejecting the figure of 980 dwellings per annum as the OAN.

Ratio Decidendi

The inspector lawfully exercised planning judgment in assessing the OAN for housing, including affordable housing, in accordance with the NPPF and PPG. She was entitled to reject the 980 dwellings per annum figure as theoretical and not representative of the full, objectively assessed needs. Her approach was consistent with established case law and was not irrational or unlawful.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.