Lawyers for the Secretary of State for Communities and Local Government asked the Court of Appeal today to overturn a ruling that blocked the development of an affordable housing project in a rural Norfolk village.Richard Honey, representing the Secretary of State, said today Lang J erred when she quashed planning permission for 15 affordable houses in a field on the edge of the village of Old Hunstanton.
Lang ruled that the development was in violation of planning rules because the homes would be inhabited by people from outside of the village.
The case concerns the interpretation of a planning policy known a “rural exception”, under which rural areas that need affordable housing developments are allowed an exception to the normal development restraints that apply in rural areas as long as the housing is “to meet local needs”.
Lang J ruled the proposed development did not “meet local needs” because there was not a need for 15 affordable houses in Old Hunstanton and its surrounding rural area. The development would, instead, help meet the needs of the nearby town of Hunstanton. As a result, she ruled that the proposed development was in violation of planning policy.
Honey said in today’s hearing that judge had applied too “narrow” and “legalistic” an approach to rural exception policy.
Even if her approach was correct, Honey said, there were enough people with connections to Old Hunstanton to justify 15 houses, even if they are currently resident in neighbouring towns.
The hearing is scheduled to last for one day.
Old Hunstanton Parish Council v Secretary of State for Communities and Local Government (Court of Appeal ) 7July 2016 (Laws LJ, Tomlinson LJ, Lewison LJ)
