The decision of the High Court in Wenman v Secretary of State for Communities and Local Government (see PP 2015/81) has recently prompted DCLG to make a “technical adjustment” to paragraphs 49 and 159 of the NPPF. In that case, the claimant applied successfully to quash the decision of an inspector on appeal refusing planning permission for the use of land in the countryside for the stationing of caravans for the purposes of one gypsy pitch, together with the formation of additional ancillary facilities.
One crucial aspect of the decision was the court holding that section 6 of the NPPF – and in particular paragraph 49 – was intended to apply to all types of accommodation, ie mobile homes and caravans as well as bricks and mortar structures, provided they were to be used as homes. Applicants for planning permission for mobile homes or caravans, whether they be gypsies, travellers or others, were entitled in principle to rely on the failure of the local planning authority to demonstrate a five-year supply of deliverable housing sites in support of their application. The judge referred to the national policy document “Planning Policy for Traveller Sites” and described it as “supplementary” to the NPPF. Both were applicable in determining planning applications for traveller sites.
On 22 July 2015, Baroness Williams made the following statement on behalf of DCLG in the House of Lords.
“Following a recent High Court judgment (Wenman v Secretary of State), we are today making a technical adjustment to paragraphs 49 and 159 of the National Planning Policy Framework.
Paragraph 49: From today, those persons who fall within the definition of ‘traveller’ under Planning Policy for Traveller Sites, cannot rely on the lack of a five year supply of deliverable housing sites under the National Planning Policy Framework to show that relevant policies for the supply of housing are not up to date. Such persons should have the lack of a five year supply of deliverable traveller sites considered in accordance with Planning Policy for Traveller Sites.
Paragraph 159: Planning Policy for Traveller Sites sets out how ‘travellers’ (as defined in Annex A of that document) accommodation needs should also be assessed. Those who do not fall under that definition should have their accommodation needs addressed under the provisions of the National Planning Policy Framework.
This does not form part of the changes to planning policy for travellers, on which the Government consulted in 2014, and to which this Government intends to respond shortly.”
John Martin is a planning law consultant
