ICE News and Comment

When Cheshire East Borough Council lost a legal battle at London’s Court of Appeal in relation to a planning inspector’s approval for the new homes in a Green Gap at Willaston it had implications for green belt; protection of the countryside; conserving the landscape; Areas of Outstanding Natural Beauty; National Parks; conservation of wildlife or cultural heritage; protecting the local environment.

Paragraph 49 of the NPPF says that “relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites.”

Since the council was unable to demonstrate a five-year housing land supply, the inspector decided that the council’s green gap policy could not be considered up to date and should be disapplied.

A High Court judge found that the planning inspector had been wrong to regard the green gap housing policy as one that was out of date. However, the Court of Appeal disagreed and said the inspector had “made no error of law.” and upheld the planning inspector’s decision.

The Court of Appeal ruling said: “Our interpretation of the policy does not confine the concept of
‘policies for the supply of housing’ merely to policies in the development plan that provide positively for the delivery of new housing in terms of numbers and distribution or the allocation of sites.

“It recognises that the concept extends to plan policies whose effect is to influence the supply of housing land by restricting the locations where new housing may be developed – including, for example, policies for the green belt, policies for the general protection of the countryside, policies for conserving the landscape of Areas of Outstanding Natural Beauty and National Parks, policies for the conservation of wildlife or cultural heritage, and various policies whose purpose is to protect the local environment in one way or another by preventing or limiting development.

“It recognises that the concept extends to plan policies whose effect is to influence the supply of housing land by restricting the locations where new housing may be developed – including, for example, policies for the green belt, policies for the general protection of the countryside, policies for conserving the landscape of Areas of Outstanding Natural Beauty and National Parks, policies for the conservation of wildlife or cultural heritage, and various policies whose purpose is to protect the local environment in one way or another by preventing or limiting development.

Read more at: https://www.linkedin.com/pulse/developer-wins-landmark-case-over-cheshire-green-gap-policy-marsh

“It reflects the reality that policies may serve to form the supply of housing land either by creating it or by constraining it – that policies of both kinds make the supply what it is.”

More homes is a feature of Cheshire East Council’s revised local plan strategy, due to be approved by the full council later this month before a further round of public consultation is carried out. This will include additional and amended strategic site allocations.

The strategy revisions reflect a revised housing requirement of 36,000 homes (up from 29,000) and an increased employment land requirement, up from 300-hectares to 380-hectares, to reflect the stronger anticipated jobs growth rate of 0.7 per cent per.

The number of new homes needed in Cheshire East is 36,000, according to the Council’s draft local plan.

The planning inspector examining Cheshire East Council’s the plan is broadly supportive of the local planning authority’s latest work.

The inspector noted that the council has produced “an impressive and comprehensive set of additional evidence within a relatively limited amount of time during the suspension of the examination.” The inspector said the council had adopted a balanced and rational approach to economic and jobs growth.

On housing, the objectively assessed need (OAN) for 36,000 new homes was viewed as “supported by the evidence”.

The Local Plan sets planning policies and allocates sites for development. It is the Statutory Development Plan for Cheshire East and is the basis for deciding planning applications. A new Local Plan for Cheshire East is currently being prepared and will guide development up to 2030.

The Plan covers a range of matters including the number of new homes that are needed and where they should be located; the amount and location of new employment land; protection and improvement of important open areas and provision of new ones; provision of new infrastructure and improvement of town centres and community facilities in the Borough.

You can read about the plan at https://portaldirector.wordpress.com/2015/12/16/planning-round-up-17-december/