Local authority wins Court of Appeal battle over housing targets

Wakefield Council has won a legal battle with a leading house builder over its affordable housing requirement.

Barratt Developments lost a Court of Appeal case in which it argued that the requirement in the council’s core strategy for 30% affordable housing on each development site was excessive given the current state of the market.

The company had failed in the High Court last December to convince Mr Justice Pitchford to quash parts of the strategy.

Lord Justice Carnwath, sitting with Lord Justice Stanley Burnton and Lady Justice Arden, said that including the requirement in the strategy was not “legally flawed”, even though it was “based on what is achievable only in the most favourable market conditions”, because it left open the possibility of negotiations with builders on a site-specific basis.

Wakefield's deputy leader Denise Jeffery said the appeal judgement had vindicated and the court had “clearly listened to the robust evidence collected”.

A Barratt spokesman said the company was concerned that fewer affordable homes would be built in Wakefield as a result of the ruling.