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Supreme Court Ruling on Housing land Applications

(May 12, 2017)

The Supreme Court has ruled on the issue of Paragraph 49 and Paragraph 14 of the National Planning Policy Framework, and the issue of relevant policies for the supply of housing. 

Why does this matter? it matters becasue ALL applications for ANY residential development in LPA's without a five year housing alnd supply are affected by this judgement. 

What did the judgement say? Well that depends on which legal firm's analysis you read. However, here's what i think........

If an LPA has not got a 5 year housing land supply, then regardless of the application site's location, the second element of paragarph 14 of the NPPF kicks in , in that the proposal must be considered as sustainable and it is for the LPA to then consider the sustainability ( and the contribution the proposed site makes to the 5 year housing land supply) having regard to the position that they should only refuse the application if there is clear harm that SIGNIFICANTLY outweighs the benefits of the scheme. 

The Supreme Court also confirmed once and for all that the Development Plan ( provided it is up to date ) is the overriding determining factor in the consideration of applications, and it takes precedent. 

It also confirmed that wider policies about Green Belt and Countryside designations are not to be considered as polices which restrict residential development thereby overturning the Court of Appeal ruling. 

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