In a recent appeal decision, the development of five detached homes in Marden Herefordshire, in an area without a five-year housing land supply, has been rejected on the basis of neighbourhood plan protection which was introduced in a written ministerial statement.
Background
The neighbourhood planning written statement (WMS) issued in December 2016 by Gavin Barwell (Minister of State for Housing & Planning) was introduced into Government policy, to prevent neighbourhood plans from being undermined in areas where their local planning authorities couldn’t demonstrate a five-year land supply of deliverable housing sites. The statement provided that:
Relevant policies for the supply of housing in a neighbourhood plan, that is part of the development plan, should not been deemed ‘out of date’ under paragraph 49 of the NPPF in the following circumstances:-
- The WMS is less than 2 years old or the neighbourhood plan has been part of the development plan for 2 years or less
- The neighbourhood plan allocates sites for housing; and
- The local planning authority can demonstrate a 3 year supply of deliverable housing site.
The WMS represents Government policy and is currently a material consideration in relevant decision making.
Appeal facts
- The appeal related to the development of 5 detached dwellings in the rural village of Marsden, outside of the settlement boundary.
- The Local Planning Authority (LPA) could demonstrate a 4.39 year supply of housing land.
- Since the LPA’s refusal of the application, the Marsden Neighbourhood Development Plan (MNDP) had been adopted and so formed part of the development plan at the time of the appeal decision. The MNDP allocated land for housing but in doing so provided that in order to retain the rural character of the village, proposals for new housing would only be permitted within the settlement boundary or on allocated sites.
- The Council submitted that the indicative proportional growth required for the area had already been exceeded and there was no reason to assume they would not meet prevailing targets in future years.
Appeal decision
The Inspector concluded that since the MNDP was less than two years old (October 2016), included allocated sites for housing and that the Council could demonstrate a 4.39 year supply of housing, the criteria of the WMS were met. This meant that relevant policies in the MNDP should not be considered out of date, despite the Council’s lack of a five-year housing land supply and must be given full weight. The development was considered to be in clear conflict with the MNDP and this was given significant weight. Whilst some limited benefits of the development were identified this did not outweigh the clear conflict with policy and consequently, the appeal was dismissed.
Implications
It is likely that many developers are finding themselves in a similar position to that of this appeal, where neighbourhood plan protection is overriding the historic benefits of an LPA’s lack of 5 year supply.
This decision and no doubt others to follow represent the reality of this policy change and will be welcomed by many neighbourhoods who have been frustrated with having had their plans undermined and speculative development approved in the past due to their authority’s lack of housing land supply. This may well encourage neighbourhoods to progress their own plans.
However, it is important to note that the Housing White Paper sets out proposed changes to the policy to ensure that this neighbourhood plan protection is subject to the neighbourhood plan meeting its share of local housing needs and subject to the LPA’s housing delivery in the wider authority area.
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