The Court of Appeal has today handed down judgment in the Case of R (Oxton Farm) v Harrogate Brough Council  EWCA Civ 805.
The claim related to a grant of planning permission for development outside settlement limits in the village of Bickerton. The officer report noted that the proposal was contrary to various policies of the development plan but recommended that permission be granted nevertheless on the basis of the ‘tilted balance’ in NPPF para.11.
Oxton Farm challenged the permission on various grounds including that the officer had wrongly advised that the ‘titled balance’ was engaged on the basis that the housing land supply position was merely “marginal” and that, in any event, the Council had failed to take into account the effect of the 2016-based ONS projections, which were published a matter of days before the Committee meeting and, according to Oxton Farm, resulted in the Council’s deliverable supply rising from just over 5 years to over 7 years.
The claim failed at first instance before HHJ Klein and before the Court of Appeal which held that:
John Hunter acted for Harrogate Borough Council.
A link to the judgment may be found here.
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
The second episode of the #AgentofChange video #podcast is now available!
In this episode, @SarahCloverBar delves… https://t.co/0pFukxwJgr Kings Chambers 5 days, 5 hours ago..
Episode 1 of the #AgentofChange video podcast is now live! @SarahCloverBar provides a guide as to what the Agent o… https://t.co/jGYQykACyQ Kings Chambers 1 week, 4 days ago..
We are currently looking for an individual to become a member of the Chambers’ Front of House team.
Application de… https://t.co/LpZ4zVa1Em Kings Chambers 1 week, 6 days ago..
We are delighted to announce that @Kings_Chambers and four other sets specialising in Planning, Property and Publi… https://t.co/tOduZiN8sY Kings Chambers 1 week, 6 days ago..
@SarahCloverBar introduces the #AgentofChange video podcast in which she will help you understand all things Agent… https://t.co/qZYsT9Olx4 Kings Chambers 2 weeks, 5 days ago..
© Copyright 2021 Kings Chambers. All rights reserved.
Please click here to view our current guidelines