Reserving controversial aspects of development for later approval lawful

06 Nov 2020

Planning and Environment

In R (Zins) v East Suffolk Council and another [2020] EWHC 2969 (Admin) the High Court dismissed a challenge to the defendant Council’s grant of planning permission for a controversial housing scheme involving its former offices, which left the details of affordable housing provision to be approved later. Although it was theoretically possible that the Council would agree on-site or off-site provision that did not accord with the development plan, this was not unlawful.
The Court also held that the claimant could not rely on district-wide housing targets in the development plan’s explanatory text to show that the development was not in accordance with the development plan.
Finally, the Court held that the application of the tilted balance, even if wrong, made no difference as the Council had lawfully concluded that the development complied with the development plan.

Robin Green acted for East Suffolk Council