Property update — January 2014: planning update
This briefing dicusses two cases involving an out-of-date local plan, a revoked regional spatial strategy and the National Planning Policy Framework (NPPF).
The Court of Appeal heard the case of City and District Council of St Albans v R (on the application of Hunston Properties Ltd) and Secretary of State for Communities and Local Government  EWCA Civ 1610 in December.
The case turned on two points contained in paragraph 47 of the NPPF. The NPPF advises local authorities to ‘boost significantly the supply of housing’ by making sure the local plan meets housing need in their area including — where consistent with other policies in the NPPF — the identification of key sites critical to the delivery of housing strategy. Local authorities should also update annually their ‘supply’ of specific deliverable sites, in order to provide five years’ worth of housing (plus a buffer of five per cent)…
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