Supreme Court to rule next week on key part of National Planning Policy Framework

The Supreme Court will next week (10 May) hand down an eagerly-anticipated ruling on the effect and meaning of a key part of the National Planning Policy Framework (NPPF).

The conjoined appeals of Suffolk Coastal District Council v Hopkins Homes Ltd and another – UKSC 2016/0076 and Richborough Estates Partnership LLP and another v Cheshire East Borough Council – UKSC 2016/0078 were heard by a five-judge panel of the Supreme Court in February this year.

The background to the case was Suffolk Coastal refusing planning permission for a development of 26 houses on land in Yoxford, and Cheshire East refusing to grant outline planning permission for a development of up to 170 houses in Willaston. The developers appealed.

After inquiries in each case by an inspector appointed by the Secretary of State for Communities and Local Government, the appeal against Suffolk Coastal DC was upheld but that against Cheshire East BC was allowed.

These decisions were challenged in separate High Court proceedings, in which Suffolk Coastal DC’s refusal to grant planning permission was quashed but Cheshire East BC’s refusal was upheld.

The appeals were heard together in the Court of Appeal as they both raised the issue of the meaning and effect of government policy contained in paragraph 49 of the National Planning Policy Framework, that the policies of local planning authorities for the supply of housing should not be considered up to date if they could not demonstrate a five-year supply of deliverable housing sites.

Both councils lost at the Court of Appeal and appealed to the Supreme Court.

See also: The NPPF heads to the Supreme Court by Trevor Ivory and Jim McAvan of DLA Piper.