A lot has been happening recently, with the fallout from the High Court’s decision in St Albans continuing, and a number of recent decisions relating to development on Green Belt land going the way of developers. It is now uncertain where this will leave local authorities who do not have a recent Local Plan in place.
In The High Court decision against the Secretary of State and St Albans, Judge Pelling QC said he could not see how very special circumstances could be established by reference to a figure "that does not even purport to reflect the full objectively assessed needs for market and affordable housing”. The Judge set out the correct approach, i.e. assessing the need, then identify the unfulfilled need having regard to specific deliverable sites. Following this it can be determined if housing need outweighs harm to the Green Belt. This decision emphasises that relying on RSS figures for housing will not be possible and housing numbers will need reviewing promptly.
In addition, recent decisions issued by the Secretary of State seem to demonstrate that the objectives of the NPPF are biting. A snapshot of recent decisions is included below:
- Basingstoke - benefits of housing provision, in the context of a serious and significant shortfall in housing land supply, would clearly outweigh the harm associated with construction impacts, landscape character and visual intrusion;
- Teignbridge – harm to character and appearance of the area outweighed by sustainable development that would make a significant contribution towards housing land supply; and
- Truro - harm to the landscape character outweighed by contribution towards housing land supply that falls “considerably” short of 5 years.
As ever, there are anomalies. In the case of Glebelands in Castle Point, the SoS decided to overturn the Inspector, and Fox Land have subsequently challenged this decision. The claimant raises a significant number of grounds for challenge, 9 in all, ranging from the Green Belt designation, process and immaterial considerations. The case remains undecided.
The St Albans judgment has the potential to be one of the most significant in recent times. Coupled with the generally positive direction of recent appeal decisions, and the growing optimism in the housing market, the remaining months of the Coalition Government could prove to be very interesting indeed.
If you have any queries on the above, or need any help with regards to strategic land, please feel free to contact us.