R. (on the application of East Bergholt Parish Council) v Babergh DC, Agett, Agett, Countryside Properties Plc, Harris, Harris and Hills Residential Construction Ltd

摘要

East Bergholt Parish Council ("the Parish Council") appealed against an order dismissing its claim for judicial review of three grants of planning permission by Babergh DC ("the Council") for housing development on sites in East Bergholt. The Council's Planning Committee resolved to approve all three proposals on 2 August 2017. In each case, the proposal did not accord with the development plan. However, the Council concluded that the five year housing land supply required under the National Planning Policy Framework published in 2012 ("the NPPF") para.47 did not exist, so that, under the NPPF para.49, the policy for the "presumption in favour of sustainable development" in the NPPF para. 14 was engaged and a decision to grant planning permission was justified.