Persimmon Homes (North East) Ltd v Blyth Valley BC & Secretary of State for Communities and Local Government [2008] EWCA Civ 861, [2009] JPL 335
Planning and Environment, Public Law and Judicial Review
The appellant local authority, in this case, appealed against a decision ([2008] EWHC 1258 (Admin)) quashing the affordable housing target contained in its core strategy.
The Court of Appeal dismissed its appeal on the basis that the authority had failed to carry out an informed assessment of the economic viability of its targets for affordable housing, the requirement for which was a crucial feature of planning policy. By seeking to rely instead upon an earlier housing needs survey, the authority had failed to comply with the policy, and its target was therefore ultra vires.
Lisa appeared for the Secretary of State in both the Administrative Court and the Court of Appeal to give guidance on the relevant policies.