020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
28.11.2017
The High Court has quashed (by consent) the decision of an Inspector to grant planning permission for 14 residential units on land at Barnside, Hook Lane, Aldingbourne, West Sussex.
The proposal was contrary to the saved settlement boundary policies of the Arun Local Plan (2003) and also those within the Aldingbourne Neighbourhood Plan (2016). The Parish Council submitted reasons why, notwithstanding alack of a five-year supply of housing land across the District, the conflict with the Neighbourhood Plan policies should carry substantial weight. Having identified the policies as out of date, the Inspector did not consider the policy further.
The Secretary of State agreed the Inspector erred in law by:
The decision of the Inspector predated the decision of the Supreme Court in Suffolk Coastal DC v Hopkins Homes Ltd [2017] UKSC 37 which held that only policies which deal with the numbers and distribution of new housing are deemed to be "out of date" by paragraph 49 NPPF. As such, settlement boundary policies are no longer to be considered "out of date" by paragraph 49 NPPF but, as Lord Carnwath also found, a decision taker still needs to grapple with the weight to attach to policies which constrain the supply of housing.
Practical Advice
The consent order quashing the decision can be found here.
Ashley Bowes acted for the successful claimant (instructed by David Foster at Barlow Robbins LLP) and Harriet Townsend acted for the developer (instructed by Harrops & Hepburn Solicitors).
News
9th preliminary hearing with Gerard Forlin QC acting for the Families of the Deceased30.07.2021
News
Upper Tribunal upholds Secretary of State's decision that Asylum Claim is inadmissible under post Brexit Immigration rules28.07.2021
Case
The NPPF and the Climate Crisis– Some Movement; and Opportunities for Local Design Codes27.07.2021
Thank you
020 7242 4986 or 0333 240 0591
London: 2-3 Gray's Inn Square, WC1R 5JH
Birmingham: Edmund House, 12-22 Newhall Street, B3 3EW
Cardiff: Falcon Drive, Cardiff Bay, Cardiff, Mid Glamorgan, CF10 4RU
DX: LDE 316 (Chancery Lane)
