Jelson Ltd v Secretary of State for Communities and Local Government & Anor [2018] EWCA Civ 24 (19 January 2018)

Jelson Ltd v Secretary of State for Communities and Local Government & Anor [2018] EWCA Civ 24 (19 January 2018)

The inspector lawfully exercised planning judgment in assessing the full, objectively assessed needs for housing, including affordable housing, by adopting a range of 375–450 dwellings per annum from the SHMA. The inspector was entitled to reject the 980 dwellings per annum figure as a theoretical, policy-driven calculation not representing OAN. There was no error of law or misapplication of policy or guidance.

Citation
[2018] EWCA Civ 24
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
Appeal / Court of Appeal (civil Division) on Appeal From the Administrative Court, Planning Court
Outcome
Appeal dismissed
Legal Topics
Objectively Assessed Need (oan) for Housing, Affordable Housing, National Planning Policy Framework (nppf), Planning Practice Guidance (ppg), Judicial Review of Planning Decisions, Housing Land Supply, Development Plan Policy
Planning Law Administrative Law Local Government Law Objectively Assessed Need (oan) for Housing Affordable Housing National Planning Policy Framework (nppf) Planning Practice Guidance (ppg) Judicial Review of Planning Decisions +2 more

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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

Appeal / Court of Appeal (civil Division) on Appeal From the Administrative Court, Planning Court

Legal Issues

  1. 1 Whether the inspector lawfully assessed the 'full, objectively assessed needs' (OAN) for housing in the local authority area
  2. 2 Whether the inspector erred in rejecting a higher housing need figure (980 dwellings per annum) as part of the OAN calculation
  3. 3 Whether the inspector's approach conflated 'policy-on' and 'policy-off' assessments of housing need

Ratio Decidendi

The inspector lawfully exercised planning judgment in assessing the full, objectively assessed needs for housing, including affordable housing, by adopting a range of 375–450 dwellings per annum from the SHMA. The inspector was entitled to reject the 980 dwellings per annum figure as a theoretical, policy-driven calculation not representing OAN. There was no error of law or misapplication of policy or guidance.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.