Eastleigh Borough Council v Secretary of State for Communities and Local Government
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE DOVE
Areas of Law
- Administrative Law
- Property and Real Estate Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case concerns an appeal against a local planning authority's decision to refuse planning permission for a housing development. The main issue was whether the authority could demonstrate a deliverable five-year housing land supply. The Inspector concluded that they could not and granted planning permission. The court upheld the Inspector's decision, emphasizing that the judgment on deliverable housing sites involves mixed fact and judgment, guided by the National Planning Policy Framework and planning practice guidance.
J U D G M E N T
MR JUSTICE DOVE:
Background
This is a case about the calculation of the five-year housing land supply. In order to boost the supply of housing and to ensure an output of continuous supply of housing, the National Planning Policy Framework contains a requirement for a five-year housing land supply as a litmus test as to whether or not that policy objective has been achieved. In particular, the Framework provides as follows:
"47. To boost significantly the supply of housing, local planning authorities should:
...
Identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land. Where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20% (moved forward from later in the plan period) to provide a realistic prospect of achieving the planned supply and to ensure choice and competition in the market for land..."
The question of what is "deliverable" is further set out in footnote 11 to paragraph 47, as follows:
"To be considered deliverable, sites should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years and in particular that development of the site is viable. Sites with planning permission should be considered deliverable until permission expires, unless there is clear evidence that schemes will not be implemented within five years, for example they will not be viable, there is no longer a demand for the type of units or sites have long term phasing plans."
In addition to this, and current at the time when the Inspector in this case reached a conclusion, the Government had published planning practice guidance which is with the object of providing further guidance in relation to important aspects of the Framework. That provides as follows:
"What constitutes a 'deliverable site' in the context of housing policy?
Deliverable sites for housing could include those that are allocated for housing in the development plan and sites with planning permission (outline or full that have not been implemented) unless there is clear evidence that schemes will not be implemented within five years.
However, planning permission or allocation in a