High Court Case on meaning of Deliverability

Outlaw

The High Court will this week hear arguments about the meaning of ‘deliverability’ in planning policy in a case involving a challenge to an outline planning permission for a 300-home development at Barrow on Soar.

The case will hinge on the meaning of that term in the National Planning Policy Framework (NPPF) and whether the presumption in favour of sustainable development in the NPPF depends upon any realistic prospect of the development being delivered within a five year period.

A Parish Council has sought to have the planning permission for the development, which was previously granted to Jelson Homes quashed on the basis that the Inspector should have placed the burden on the developer to show that the scheme was deliverable.

Estates Gazette has reported that the Parish Council has claimed that “the inspector misdirected himself or acted unreasonably in his assessment of the deliverability of the scheme, as the main sewer in the area is already almost at capacity and could not support the development”.

It was reported that the Secretary of State argued that “the effect that the presumption in favour of sustainable development in the NPPF does not apply if it is not completely deliverable within five years, was based on a false premise, with no authority to support it”.

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