1. ,,11th
November 2010
,House building
targets reinstated
Eric Pickles’ decision ruled unlawful
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Mr Justice Sales handed down the eagerly-awaited
judgment yesterday (10th
November 2010), which
reinstated Regional Spatial Strategies (RSSs)
containing regional house building targets.
By way of background, Communities and Local
Government Secretary, Eric Pickles, announced in
July 2010 that RSSs would be revoked and that this
should be a material consideration to be taken into
account in the determination of planning applications.
House builder CALA Homes, aggrieved by its
struggle to obtain planning permission for 2,000 new
homes in Winchester, launched a judicial review of
Eric Pickles’ decision which was heard in the High
Court on 22nd
October 2010.
CALA Homes was essentially seeking the reinstate-
ment of the South East Plan which identified the
proposed development site as preferred for housing.
The house builder argued that Eric Pickles had acted
unlawfully by revoking a fundamental part of the
planning system and also breached European law by
failing to properly assess the environmental effects
of his decision. The High Court has now ruled that
Eric Pickles’ decision to unilaterally revoke RSSs was
unlawful. The Government does not have any intention
to appeal the decision at present.
The decision to reinstate RSSs puts in place a
transitional arrangement to fill the policy vacuum in
anticipation of the Localism Bill coming into force
in late 2011 and may assist planning applications
which are progressing towards determination. The
Government has however stated that the decision
“changes very little” as the Localism Bill will be
introduced to Parliament later this month which
abolishes RSSs. In addition, the Government’s chief
planner has issued a letter to local planning authorities
and the Planning Inspectorate clarifying that the
future revocation of RSSs should remain a material
consideration in the determination of planning
applications. The Government has also introduced
the New Homes Bonus Scheme to incentivise local
planning authorities to approve new housing devel-
opments.
It will interesting to see how Catesby Property Group
and Colonnade Land’s challenges, brought under
s.288 of the Town and Country Planning Act 1990 on
the basis that schemes were wrongly refused due to
the lack of RSSs, are determined. These are due to
be heard in early 2011.
For further information, please contact one of our
specialists in the Planning and Environment Team:
Alex Madden
T 0117 930 9575
E amadden@ttuk.com
Sarah Nsouli
T 0117 930 9538
E snsouli@ttuk.com