A planning authority erred when it dismissed an application for planning permission without properly calculating the five-year housing supply, a lawyer told the High Court in London today.
Hallam Land Management, a unit of Henry Boot, is challenging a decision by the secretary of state for communities and local government that blocked its plans for a development in Hamble, Hampshire.
The company wants to build 225 residential units, a 60-bed care home and 40 care units, as well as develop open space and woodland. The development is earmarked for land near Hamble station.
Although the local planning authority, Eastleigh Borough Council, was unable to demonstrate a full five years of housing supply, the secretary of state backed the council’s decision to refuse planning permission.
But at a hearing at the High Court today, Thomas Hill QC said that the secretary of state erred because, “in order to undertake the balancing exercise” the department should have worked out exactly what the shortfall in housing supply was.
He said it is “absolutely clear, according to the authorities”, that this is the correct course of action.
In written arguments Zack Simons, barrister for the secretary of state, identified circumstances in which it was sufficient for the relevant planning authority to make a decision relating to the five-year supply of housing without quantifying the figure.
“In fairness to Mr Simons, the process has evolved,” Hill said. He added that Simons’ examples pre-date the evolution of the law relating to this point.
The hearing is listed to last for one day.
Hallam Land Management Ltd v Secretary of State for Communities and Local Government & Eastleigh Borough Council.
Planning Court (Supperstone J) 10 October 2017.
