Gladman Development Ltd v Wokingham BC

摘要

The claimant developer (G) applied to quash a development plan which had been adopted by the defendant local planning authority following an examination by a planning inspector. The plan was concerned with the allocation of sites within Wokingham for proposed residential development. It set out a series of policies which were intended to identify suitable locations. It proceeded on the basis that the number of new houses for which it was identifying appropriate locations was the number identified in the 2010 core strategy, namely at least 13,230 dwellings over a 20-year period from 2006 to 2026. The inspector concluded that the plan had deficiencies and that he could not recommend it for adoption. However, he suggested modifications which, if accepted, would ensure that the plan met the requirements of the Planning and Compulsory Purchase Act 2004 s.20(5) and the criteria for soundness. The local planning authority made the proposed modifications and certain other minor modifications. It was G's case that the inspector had failed to have regard to parts of the National Planning Policy Framework in considering whether the plan was sound. In particular, G contended that there was a failure to identify the objectively assessed need for housing in the area in accordance with the Framework. The court had to determine whether: (ⅰ) the inspector had considered what the objectively assessed need for housing in Wokingham was; (ⅱ) the inspector could assess the soundness of the plan without also having an objective assessment of what further additional housing provision might be required in due course; (ⅲ) the inspector had failed to determine whether there was a five-year supply of housing land available, or, if he had determined that issue, whether he gave adequate reasons for his conclusion; and (ⅳ) G could amend its claim to allege that the local planning authority had erred in law by giving assurances to the inspector as to changes it would make to the plan, but then adopting it without making those changes.