Inspectors Appeal Decision on NPPF Para 74 Quashed

 

Catesby Estates have been successful in bringing a claim for statutory review seeking to quash the decision to dismiss its appeal for a residential development of up to 90 dwellings in Harrold, Bedfordshire.

In consenting to judgement the Secretary of State accepted that the Inspector did not sufficiently grapple with the detailed arguments raised by Catesby on five year housing land supply and importantly misinterpreted paragraph 74 of the NPPF 2019.

The appeal decision was quashed on 2nd July 2020, and the judgment will be of interest to all those working with NPPF paragraph 74. 

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.

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