- Planning challenge to affordable housing condition fails (R (Zins) v East Suffolk Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Planning analysis: The Planning Court held that it was lawful for a local planning authority (LPA) to grant permission for a controversial housing scheme, leaving the details of the affordable housing provision in planning conditions to be agreed later. Although it was theoretically possible that the LPA would agree on-site or off-site provision that did not accord with the development plan, this was not unlawful. The court also held that the claimant could not rely on district-wide housing targets in the development plan’s explanatory text to show that the development was not in accordance with the development plan. Finally, the court held that the application of the tilted balance in paragraph 14 of the National Planning Policy Framework (NPPF), even if wrong, made no difference, as the LPA had lawfully concluded that the development complied with the development plan. Written by Robin Green, barrister at Cornerstone Barristers and counsel to the defendant.
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