St Modwen Developments Ltd v Secretary of State for Communities and Local Government & Ors

St Modwen Developments Ltd v Secretary of State for Communities and Local Government & Ors

The Court of Appeal held that the Secretary of State and the Inspector did not misinterpret or misapply the NPPF policy on the five-year supply of deliverable housing sites. The distinction between deliverability and actual delivery is recognized in policy, and the assessment requires a realistic prospect of delivery, not certainty or probability. The Inspector’s conclusions on housing land supply, the council’s housing trajectory, and delivery record were matters of planning judgment, adequately reasoned, and lawfully reached. The appeal was dismissed on all grounds.

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
Civil Appeal / Appeal From the Administrative Court (planning Court) to the Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Housing Land Supply, Interpretation of National Planning Policy Framework (nppf), Deliverability of Housing Sites, Judicial Review of Planning Decisions, Statutory Appeals Under Town and Country Planning Act 1990
Planning Law Administrative Law Housing Land Supply Interpretation of National Planning Policy Framework (nppf) Deliverability of Housing Sites Judicial Review of Planning Decisions Statutory Appeals Under Town and Country Planning Act 1990

Case Brief

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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

Civil Appeal / Appeal From the Administrative Court (planning Court) to the Court of Appeal

Legal Issues

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

Ratio Decidendi

The Court of Appeal held that the Secretary of State and the Inspector did not misinterpret or misapply the NPPF policy on the five-year supply of deliverable housing sites. The distinction between deliverability and actual delivery is recognized in policy, and the assessment requires a realistic prospect of delivery, not certainty or probability. The Inspector’s conclusions on housing land supply, the council’s housing trajectory, and delivery record were matters of planning judgment, adequately reasoned, and lawfully reached. The appeal was dismissed on all grounds.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.