A developer has failed in a claim that the new Plan for Stafford Borough, which provides for 500 new homes per year until 2031, was approved without a full assessment of housing need, and without taking into account market indicators.
Gladman Developments, which intends to seek planning permission for residential development of land in Hixon, within the borough, had sought to have parts of the plan quashed, claiming the annual figures were not high enough.
But today Supperstone J dismissed Gladman’s claims that Stafford borough council, and the inspector who examined the plan, had failed to have regard to the requirements of national guidance in relation to the objective assessment of full housing needs.
During the plan process, Gladman had put forward a figure of 600-650 homes per year, based on an economic analysis that the council did not accept.
Upholding the plan, the judge said that it was clear that the inspector had been justified in finding that the figure of 500 dwellings per annum “fully met the objectively assessed need”.
He said: “I reject the claimant’s contention that the defendant and the inspector failed to have proper regard to the requirements of national guidance in relation to the objective assessment of full housing needs in the borough and in the housing market area.
“In my judgment the inspector was entitled on the evidence to find that the full housing need of the defendant had been objectively assessed in accordance with the National Planning Policy Framework and the Planning Policy Guidance.”
The judge rejected an additional argument that the council and the inspector failed to consider the requirement in national guidance that any assessment of the market demand for housing should be informed by market signals or market indicators.
He said: “In my judgment both the defendant and the inspector considered ‘market signals’ and ‘other market indicators’, as they were required to do by national guidance. I am satisfied that the inspector properly reached the conclusions that he did in respect of these matters based on the evidence and representations put forward by both the claimant and the defendant.”
Gladman Developments v Stafford Borough Council Planning Court (Supperstone J) 27 February 2015
Christopher Lockhart-Mummery QC (instructed by Messrs Irwin Mitchell LLP) for the claimant
Richard Humphreys QC (instructed by Stafford BC Legal Department) for the defendant
