BBA has been successful in challenging the assumptions made by Kettering Borough Council and also its assertions on the distribution of development within the District. In an appeal into a development of 80 houses in Burton Latimer, the Council had sought to suggest that they had in excess of five years supply of housing land available and that there was, therefore, no need for the appellants site to be released. These figures were challenged as being over optimistic and the Inspector agreed with the conclusions which were reached by BBA on this matter. In particular, the Inspector found that the large development of Kettering East had been the subject of significant delays already and the assumptions made by the Council that 1650 houses would be delivered within five years was completely unrealistic. In addition, the Inspector agreed with the case presented by BBA that the brownfield sites within Kettering were similarly unrealistic and unachievable within the timeframes suggested. The result was confirmation of the position put forward at the Inquiry by BBA that the Council could not demonstrate a five year supply of housing land and had, therefore, failed to meet the requirements set out in national guidance contained in PPS3.
The Council had also objected to the development on the grounds that it would undermine the spatial strategy for the area as set out in the North Northamptonshire Joint Core Strategy. BBA, however, successfully argued that Burton Latimer was a sustainable location in which to locate additional development and furthermore, the housing levels set out in the Core Strategy were stated as being indicative and could not be considered as a ceiling.
The decision is important as it was made following the abolition of the regional housing numbers and is, therefore, one of the first appeals to consider the issue of land supply since the changes introduced by the Government. The decision demonstrates that planning policy still supports the delivery of housing and that the abolition of the RSSs is not a justification for Local Authorities to prevent housing development and that the national planning guidance continues to support house building. The decision also shows the need to examine Council housing supply figures very carefully and to see whether the assumptions they have made are realistic. In the case of Kettering, it has been shown that the Council has placed too much reliance on sites which have little chance of delivering housing in the five year period necessary and when presented with evidence to this effect, the Inspector had no hesitation in rejecting the Council's figures.
BBA Director Philip Smith who represented the appellants at the Inquiry said
"This is a key decision in light of the changes to the planning system. It shows how important it is to challenge Council assumptions on housing figures and where this can be done in a logical manner Inspectors will accept this evidence. I do hope that Councils will take notice of this decision and ensure that their housing trajectories are realistic and do not seek to use unrealistic assumptions on sites in order to prevent development they feel is inappropriate coming forward. Whilst the decision by the Inspector is, of course, welcomed it is disappointing that Kettering refused to accept the evidence which was presented to them and resulted in an unnecessary Inquiry".
BBA has considerable experience on housing developments and, in particular a detailed understanding of the issue of land supply and housing delivery. If you wish to discuss this area further please contact Philip Smith on 01604 880163 or email philip.smith@argroup.co.uk
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