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Deliverable sites for housing land supply need not be certain or probable (St Modwen v SCLG)

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Published on: 24 October 2017

Published by a LexisNexis Planning expert

Table of contents

Original news
What is the significance of the decision for authorities and developers?
What is the legal and policy background to the case?
What is the factual background to the case?
Why did the court dismiss the appeal?

Article summary

Planning analysis: In St Modwen v SCLG, the Court of Appeal dismissed an appeal against the decision of the Secretary of State for Communities and Local Government (SCLG) in which he dismissed two planning appeals. In doing so the court clarified that for a site to be capable of being considered as part of a housing land supply, it need not be certain or even probable that housing will be delivered on the site within five years.

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