Shropshire Council has put a stop to plans to build a 68-dwelling site in the market town of Ellesmere.
The council had initially refused developer David Wilson Homes planning permission on the ground that the benefits of the development were outweighed by the unacceptable harm it would do to the open countryside, but a planning inspector overturned the decision on appeal, saying that the council did not have an up-to-date housing supply plan.
Today, however, a judge at the High Court in London ruled that the planning inspector had made a mistake and reinstated the council’s initial decision.
The judge, Mrs Justice Lang, agreed with submission brought by the council that the planning inspector had adopted an incorrect approach to the application of NPPF 47 and NPPF 48, which deal with five-year housing supply.
Shropshire Council v SS for Communities & Local Government; BDW Trading Limited Trading as David Wilson Homes (Mercia); Magnus Charles Mowat; Martin John Mowat
Planning Court (Lang J) 2 November 2016