Case details

Richborough Estates Partnership LLP and another (Respondents) v Cheshire East Borough Council (Appellant)

Case ID: UKSC 2016/0078

Case summary

Issue

The meaning and effect of paragraph 49 of the National Planning Policy Framework

Facts

In these conjoined appeals, Suffolk Coastal DC had refused planning permission for a development of 26 houses on land in Yoxford, and Cheshire East had refused to grant outline planning permission for a development of up to 170 houses in Willaston. The developers appealed. After inquiries in each case by an inspector appointed by the Secretary of State for Communities and Local Government, the appeal against Suffolk Coastal DC was upheld but that against Cheshire East BC was allowed. These decisions were challenged in separate High Court proceedings, in which Suffolk Coastal DC’s refusal to grant planning permission was quashed but Cheshire East BC’s refusal was upheld. The appeals were heard together in the Court of Appeal as they both raised the issue of the meaning and effect of government policy contained in paragraph 49 of the National Planning Policy Framework that the policies of local planning authorities for the supply of housing should not be considered up to date if they could not demonstrate a five year supply of deliverable housing sites.

Judgments appealed

Parties

Appellant

Cheshire East Borough Council

Respondents
  1. Richborough Estates Partnership LLP
  2. Secretary of State for Communities and Local Government

Appeal

Justices

Lord Neuberger, Lord Clarke, Lord Carnwath, Lord Hodge, Lord Gill (Scotland)

Hearing start date

22 Feb 2017

Hearing finish date

23 Feb 2017

Watch hearing
22 Feb 2017 Morning session Afternoon session
23 Feb 2017 Morning session Afternoon session