Out-Law / Your Daily Need-To-Know

A planning inspector has overturned a local authority decision and will allow the building of a 102-home development in Henfield in West Sussex

The planning inspector has allowed the appeal by developer Welbeck Strategic Land LLP against Horsham District Council and criticised the Council's failure to provide accurate housing supply figures.

The planning inspector said in her decision report (14-page / 168KB PDF) that the Council's Annual Monitoring Report showed a five-year housing supply in Horsham equivalent to 76% of the requirement set out in the South East Plan (SEP). A later "snapshot of housing land availability", arising from a Freedom of Information request showed the figure to actually be  87%.

The Council said that the later figure contained errors and later submitted an updated figure showing the housing land supply in July to be around 82.3% of the SEP requirement. However, as this later figure was not supported by any data or a witness, it was given little weight, the report said.

"In any event, there is a significant shortfall in the 5 year supply of housing land in the District", the report said.

Despite objections from residents claiming that the development's housing provision would conflict with the Council's Facilitating Appropriate Development (FAD) document, the inspector said that the proposals fell "well below" the threshold in the FAD and that there were no other sites where housing has been permitted or is proposed adjoining the "built up boundary of Henfield".

The inspector said that even if the proposal did not accord with the Council's development plan and the FAD, Government guidance in the National Planning Policy Framework (NPPF) says that "relevant policies for the supply of housing should not be considered up to date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites."

The inspector said that as there was a demonstrable need to deliver housing, including affordable housing, and as material harm had not been demonstrated, she considered the proposal to be consistent with the presumption in favour of sustainable development in the NPPF.

"Notwithstanding the strong concerns expressed by many local people, there is no evidence that any effects arising from the development would significantly and demonstrably outweigh the benefits. It would not conflict with the development plan policies, the FAD or the Framework," she said.

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