Appeal decision on NPPF Para 74 quashed: report

The Secretary of State for Housing, Communities and Local Government has consented to judgment over the decision to dismiss a developer’s appeal for a residential development of up to 90 dwellings, it has been reported.

Catesby Estates said it had been successful in bringing a claim for statutory review in relation to a site in Harrold, Bedfordshire.

The developer said the Secretary of State had accepted that the planning inspector did not sufficiently grapple with the detailed arguments raised on five year housing land supply and had misinterpreted paragraph 74 of the National Planning Policy Framework 2019.

The appeal decision was quashed on 2 July 2020. 

Catesby Estates said: “A principal important issue in the appeal was whether the council would be able to demonstrate a 5 Year Housing Land Supply (‘5YHLS’) upon the adoption of the then-emerging (and now adopted) Bedford Borough Local Plan.

“The Inspector identified that Bedford BC would be able to demonstrate a 5YHLS once the Local Plan was adopted because of the operation of paragraph 74 of the NPPF 2019.  He recommended that permission be dismissed.

“In deciding not to contest the claim the Secretary of State accepted that the Inspector did not sufficiently grapple with the detailed arguments raised by Catesby on 5YHLS and importantly misinterpreted paragraph 74 of the NPPF 2019.”