Head of our Planning team, Peter Wadsley presented a talk on the subject of the ‘Five year Housing Land supply’ at the Royal Town Planning Institute training day in London on 3rd July 2018. Other speakers covered a number of issues including the proposed methodology for calculating housing need and the Housing Delivery Test – both the subject of the 2018 draft NPPF.
Peter’s talk covered the important differences between the present NPPF para. 14 and the new para. 11. In particular, the way in which NPPF11 has recognised the approach of the Supreme Court in the Suffolk Coastal case and no longer speaks of ‘relevant policies for the supply of housing’ and hence has accepted that the approach should be (NPPF75) to ask whether there is deliverable 5-year HLS, plus buffer, or whether the Housing Delivery Test indicates that delivery of housing has been substantially (75%) below the housing requirement over the previous 3 years. If so, NPPF11(d) applies the tests including the ‘tilted’ balance hitherto found in the present NPPF14.
In addition Peter drew the group’s attention to the effect of Suffolk Coastal and noted that the new NPPF11(d) has negatived the SC’s suggestion that the application of NPPF11(d) should include development plan policies. He considered Barfield Land and other recent decisions including the Court of Appeal decision in St. Modwen on the meaning of deliverability and its application to the new NPPF. He also referred to the recent statement of the Housing Minister, Dominic Raab, on ‘land banking’ by developers and how the government was seeking to cut it down. He referred also to the linked comment of Ouseley J in St. Modwen on this topic.
Peter is experienced in cases at the intersection between environmental and planning law. He is highly experienced in inquiries and appeals, as well as in judicial review proceedings, and frequently acts on behalf of local authorities and developers.
If you would like to instruct Peter on a planning matter, please contact his clerks on: or 0117 923 4740
View profile: Peter Wadsley
Download notes: The Five Year Housing Land Supply