Supreme Court Judgement (May 2017): implications for authorities with a housing land supply shortage.
In a much-anticipated ruling handed down in May, the Supreme Court threw out the attempts of two councils – Cheshire East and Suffolk Coastal - to block proposals for housing schemes in their areas, dismissing their appeals against an earlier Court of Appeal judgment.
On 11th May, The Court of Appeal allowed the Secretary of State’s appeal against the judicial review ( EWHC Admin 2222) brought by West Berkshire District Council and the Reading Borough Council.
Clarity obtained on the application of paragraph 49 following release of judgement at Court of Appeal.
The Court of Appeal has given its judgment on the extent of planning policies covered by Para 49 of the NPPF, a matter which has occupied the Courts on at least six recent occasions, and which have often had contradictory outcomes. The case is known as the Richborough Estates V Cheshire East Council (CEC).