CPRE Surrey fails in JR against ‘Top Gear Site’ Green Belt release in Waverley

Ballilaw

CPRE SURREY
(2) POWCAMPAIGN LIMITED
Claimants
– and –
 
WAVERLEY BOROUGH COUNCIL
SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT
DUNSFOLD AIRPORT LIMITED

Highlights

  1. The critical point is that the central justification or reasons for the Inspector’s conclusions are clear on the level of housing requirement in the LPP1. In my view they are here – it is clear why he reached the figure he did on unmet need.

  2. For these reasons I do not think that the Inspector and Waverley Borough Council erred in law in the adoption of the LPP1, and I reject the s.113 challenges.

  3. In the light of these conclusions it is strictly speaking unnecessary for this judgment to go any further. However, in the light of the fact other issues were fully argued I will deal with the argument that even if there was an error of law in respect to Woking’s unmet need, the allocation of Dunsfold Aerodrome in the Plan should not be quashed.

  4. Mr Elvin argues that even if there was an error of law in the unmet need figure it would have made no difference to the allocation of Dunsfold Aerodrome. He argues that neither the principle of the allocation at Dunsfold nor the quantum of the allocation was impacted by the Woking unmet need figure. Policy SS7 allocated Dunsfold for up to 2,600 in the submission draft, before the Woking unmet need was included in the LPP1. He points to the Addendum Sustainability Report which had explained how the options for meeting the housing requirement had been considered and the reasons for seeking the allocation at Dunsfold.

  5. In my view Mr Elvin’s submissions on this point are correct. Dunsfold was not merely allocated before the Woking unmet need was added, but also at a point where the overall housing requirement was lower than that ultimately adopted. That appears to me to be a very clear indication that the allocation was fully justified separately from the level of the unmet need. It needs to be borne in mind that neither Mr Stinchcombe nor Mr Westaway dispute that there is unmet need in Woking, and it is inevitable that a significant proportion of that will have to be met in Waverley. I therefore think that in any event it would have been wrong to quash the allocation in respect of Dunsfold Aerodrome

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