Developers pursue legal action over policy change on neighbourhood plans

A group of housebuilders and land promoters are to press ahead with a judicial review challenge over Government plans to alter policy on neighbourhood plans.

At issue is a written ministerial statement made by Planning Minister Gavin Barwell in December, in which he proposed a stipulation that a neighbourhood plan would not be out of date if the local authority could demonstrate a three-year supply of deliverable housing sites.

Richborough Estates, the first claimant, said this was “at odds with current policy, detailed within the NPPF [National Planning Policy Framework], making it plain that local planning policies should be considered out-of-date in the absence of a five-year housing land supply”.

The claimants had asked the Communities Secretary, Sajid Javid, to withdraw the statement and ensure that any future changes were subject to full and rigorous consultation.

“As well as numerous flaws within the policy itself – including the assumption that neighbourhood plans include approximately 10% more homes than a local authority’s own plan – the lack of consultation on what amounts to a major policy change is alarming,” Richborough Estates said.

The claimants’ pre-action protocol letter can be viewed here. The grounds of challenge are:

  1. A legitimate expectation of consultation prior to adoption of the WMS.
  2. The policy as formulated is illogical, irrational and Wednesbury unreasonable when compared to the stated intention of the policy.
  3. The policy is predicated in part on evidence which is mistaken as to its facts, irrational and Wednesbury unreasonable, and all of which makes the evidence a material consideration which should not have been taken into account.
  4. The WMS is irrational, perverse and Wednesbury unreasonable when set against Government policy to significantly boost the supply of housing.
  5. A breach of the public sector equality duty.

The Government Legal Department, in its response, rejected all five grounds.

The claimants’ statement of fact and grounds can be viewed here.