December 16 Written Ministerial Statement ambiguity abounds

In December 2016 the then Minister of State, the Rt Hon Gavin Barwell issued a Written Ministerial Statement (WMS) on the topic of Neighbourhood Planning.

The statement sought to support Localism by offering protection from NPPF para. 49 to those communities with a Neighbourhood Plan (NP) in place.

49. Housing applications should be considered in the context of the presumption in favour of sustainable development. 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.

Paragraph 49 renders restrictive Local Plan housing policies out of date in the absence of Councils having a demonstrable 5 year housing land supply. Many appeals are fought on these grounds.

The WMS says that para 49 won’t apply where a Neighbourhood Plan is in place and the Local Authority has a 3 year supply of housing. Pretty simple, except is it 3 out of 5 years or 3 out of 3? 3 out of 3 is arguably more difficult for Local Authorities because it removes the possibility of dropping forecasts into the back end of a 5 year period. 3 out of 5 is obviously easier for Councils to achieve because it simply lowers the bar.

The recent Downton appeal: Land at Rivermead Breamore Road Downton Wiltshire para 10 is a recent planning inspectors interpretation that its 3 out of 5. But that’s not the end of the matter. The subject is currently the subject of an ongoing Court of Appeal debate and so uncertainty continues.

Our advice is to err on the side of caution if you are off to appeal. By all means make the case for 3 out of 3 but don’t rely on it!