Developer fails in High Court challenge over refusal of permission for schemes providing 765 homes

The High Court has dismissed a challenge under section 288 of the Town and Country Planning Act 1990 over whether the type of homes available in an area is a factor in deciding whether a council has a five-year supply of housing land.

Developer Peel Investments (North) brought the case against the Secretary of State for Housing Communities and Local Government and Salford City Council.

Peel had applied to Salford to build 600 homes on one site and 165 on another at Worsley Greenway.

When the applications went to public inquiry, Peel sought to argue that Salford could not demonstrate a five-year housing land supply because it could not secure enough affordable homes, enough houses (rather than flats), and enough larger ‘aspirational’ homes.

The Secretary of State agreed though with Salford that while these issues were material in the planning balance they were irrelevant when deciding whether there is a five-year housing land supply.

He therefore concluded that Salford enjoyed a 13-year land supply and rejected both of Peel’s applications as contrary to Salford’s development plan, as they would cause substantial harm on the Worsley Greenway.

Landmark Chambers, which acted for Salford, said Dove J dismissed the claim on all grounds, finding nothing unlawful in the decision of the Secretary of State or the inspector’s report.

In Peel Investments (North) Ltd v Secretary of State for Housing Communities And Local Government & Anor [2019] EWHC 2143 the judge said: "In my view the provisions both of the 2012 [National Planning Policy] Framework and the 2018 Framework are clear.

“The requirement to demonstrate a deliverable five year housing land supply is one which is purely quantitative. It involves a calculation of the deliverable number of units within the five year time period, and nowhere in the text of the policy pertinent to how the five year housing land supply is to be assessed is there any suggestion that the qualitative nature of that supply (including its mix of house type or tenure) has any part to play in determining whether there is a qualifying five year housing land supply available to a local planning authority.”

Christopher Katkowski QC of Landmark Chambers acted for Salford City Council thoughout, leading Robert Walton QC at the permission stage and Matthew Fraser at both the substantive hearing and the second inquiry.

Mark Smulian