What now of the tilted balance? You will want to note paragraph 33 and annex 1 of the revised National Planning Policy Framework, which sets out that the Government expects plans to be reviewed early where all identified housing need is not being met and to ensure a plan is in place which reflects current national policy. In the 7 October Botley Road decision letter the inspector had concluded that there were 4. They are, on any view, quite different concepts. I remind you that if this is not forthcoming, I have powers to direct the review to ensure London delivers the plan and homes that communities need. It is not necessary for the decision maker to arrive at a precise conclusion as to the level of shortfall. Not good for consensus building, or perhaps other kinds of building, although if a new plan does not come forward presumably we can expect to see more MHCLG intervention in relation to major applications in London. Other plans submitted for examination before 24 January Nothing in planning is of course black and white.
It could not be said, at least in the circumstances of this case, that he erred in law in failing to calculate exactly what the shortfall was. I draw particular comfort from the fact that the annual dwelling requirement using the revised OAN figure of October , for the district, which is based on the SHMA, is dwellings per annum PE It would have been a more apt description of the shortfall the council had now acknowledged in conceding, or contending, that it was able to demonstrate a supply of 4. As Lindblom LJ states: In post inquiry representations, the council asserted that the figure was now 4. In my view this wording is clearer than the NPPF and should be easier to apply. In addition to the local housing need figure, any needs that cannot be met within neighbouring areas should also be taken into account in establishing the amount of housing to be planned for. Does the new standard method amount to an appropriate evidence base for these purposes? It may or not be: However, it is clear from the different stages in which the constituent plan making bodies find themselves that such a scenario would be unrealistic, particularly in the context of the clear indication from the recently published Framework that the standard method should be used in plan making in the future, and as a consequence, it is highly improbable that a completely new HMA would ever be commissioned. That is not to say that the extent of the shortfall will itself be a key consideration. Such conclusions would not, I think, exceed a reasonable and lawful planning judgment. He was entitled to confine himself to an approximate figure or range — if that is what he did. This is comparable with the figure of dwellings per annum, using the standard method PE There is a shortfall where: We will consult on the specific details of any change at that time. There are three key transitional arrangements: Had he reached a properly reasoned decision on the housing supply question or had he just ducked it? To what extent might inspectors allow the new standard method to be used for plans submitted before 24 January ? In principle, he was entitled to conclude that no greater precision was required than that the level of housing land supply fell within a clearly identified range below the requisite five years, and that, in the balancing exercise provided for in paragraph 14 of the NPPF, realistic conclusions could therefore be reached on the weight to be given to the benefits of the development and its conflict with relevant policies of the local plan. The extent be it relatively large or relatively small of any such shortfall will bear directly on the weight to be given to the benefits or disbenefits of the proposed development. In his decision letter dated 9 November the Secretary of State had dismissed an appeal by Hallam Land against refusal of planning permission by Eastleigh Borough Council for a development of up to dwellings, a bed care home and 40 care units together with associated development in Hamble. Whilst the Secretary of State notes that the Council are now of the view that they are able to demonstrate a 4. I set out her reasoning below: Was David Bowie writing for the Secretary of State, or for all of us? It would not have been an error of law or inappropriate for him to do so, but if, as a matter of planning judgment, he chose not to do it there was nothing legally wrong with that.
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