Jeremy Cahill QC and Thea Osmund-Smith successful in High Court case concerning the presumption in favour of sustainable development where there is a five-year housing land supply.
The claim in this case was brought by Wychavon District Council challenging the decision of an Inspector to grant permission for 32 dwellings at Walcot Meadow, Walcot Lane, Drakes Broughton, Pershore, Worcestershire. At the time of the appeal, Wychavon DC were able to demonstrate a five year housing land supply, and it was accepted that the proposal was outside the settlement boundary of Drakes Broughton, which gave rise to a conflict with local plan policy GD1.
The Secretary of State conceded shortly before the hearing, but the Interested Party – Crown House Developments – represented by Jerry Cahill QC and Thea Osmund-Smith, continued to defend the claim.
The Inspector in his Decision Letter had said that the Framework seeks to boost significantly the supply of housing and that was a consideration that attracts substantial weight in the planning balance. Further, the Inspector observed that regardless of there being a five-year housing land supply, the Framework advocates a presumption in favour of sustainable development.