St Modwen Developments Ltd v Secretary of State for Communities and Local Government & Ors [2017] EWCA Civ 1643 (20 October 2017)

St Modwen Developments Ltd v Secretary of State for Communities and Local Government & Ors [2017] EWCA Civ 1643 (20 October 2017)

The Secretary of State and Inspector did not misinterpret or misapply the NPPF policy for a five-year supply of housing land. The requirement is to identify a supply of specific deliverable sites with a realistic prospect of delivery within five years, not to guarantee or assess the probability of actual delivery. The Inspector's distinction between supply and delivery was correct, and her planning judgment on the robustness of the council's housing supply was lawful. The Appellant's criticisms were directed at language, not substance, and there was no error of law or inadequacy of reasons.

Citation
[2017] EWCA Civ 1643
Parties
Appellant: St Modwen Developments Ltd.; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: East Riding of Yorkshire Council; Third Respondent: Save Our Ferriby Action Group
Jurisdiction
England and Wales
Judgment Date
20 October 2017
Procedural Posture
Planning Statutory Appeal Under Section 288 Town and Country Planning Act 1990 / Court of Appeal Judgment on Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Housing Land Supply, Interpretation of National Planning Policy Framework (nppf), Deliverability of Housing Sites, Judicial Review of Planning Decisions, Development Plan Conflict
Planning Law Administrative Law Local Government Law Housing Land Supply Interpretation of National Planning Policy Framework (nppf) Deliverability of Housing Sites Judicial Review of Planning Decisions Development Plan Conflict

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Parties

St Modwen Developments Ltd.

Appellant

Secretary of State for Communities and Local Government

First Respondent

East Riding of Yorkshire Council

Second Respondent

Save Our Ferriby Action Group

Third Respondent

Procedural Posture

Planning Statutory Appeal Under Section 288 Town and Country Planning Act 1990 / Court of Appeal Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Secretary of State misinterpreted or misapplied government policy for housing supply in NPPF paragraph 47, specifically the concepts of 'supply' and 'delivery'
  2. 2 Whether the Secretary of State misdirected himself or failed to provide adequate reasons regarding the council's housing trajectory
  3. 3 Whether the Secretary of State erred in law in conclusions on the council's record of housing delivery

Ratio Decidendi

The Secretary of State and Inspector did not misinterpret or misapply the NPPF policy for a five-year supply of housing land. The requirement is to identify a supply of specific deliverable sites with a realistic prospect of delivery within five years, not to guarantee or assess the probability of actual delivery. The Inspector's distinction between supply and delivery was correct, and her planning judgment on the robustness of the council's housing supply was lawful. The Appellant's criticisms were directed at language, not substance, and there was no error of law or inadequacy of reasons.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The order of Ouseley J. is affirmed.