Appeal successes for 2 housing sites in East Riding of Yorkshire

Tetlow King Planning (TKP) are delighted to have assisted in a double appeal success in the East Riding of Yorkshire for 380 dwellings on the edge of Pocklington and 150 dwellings on the edge of Swanland.

James Stacey, Senior Director, provided expert evidence on the need for affordable housing in both settlements as well as across the wider local authority area.

In respect of affordable housing specifically, Inspector Claire Season noted in both decisions that the East Riding Local Plan Strategy Document (LPSD) Policy S5 sets a requirement for 335 affordable homes per annum as part of the overall 1400 dwellings per annum target (Pocklington para 68/ Swanland para 67).

The Inspector went on to highlight in both decisions that:

‘It was recognised by the examining Inspector for the LPSD that the affordable housing need in the East Riding is significant and pressing, but that the requirement set in Policy S5 falls short of the identified need which was calculated as 552 pa. A compromise was thus reached given that the delivery of affordable housing would necessitate huge levels of growth. Paragraph 6.23 of the supporting text to the LPSD states that a review of the plan would be triggered where targets were not met.’ (Pocklington para 69/ Swanland para 68).

In considering delivery against the LPSD target the Inspector set out the following in both decisions:

‘Common ground was reached between parties in that there has been a sustained shortfall against the LPSD target in each year of the plan period which amounts to a deficit of 1657 affordable homes against the Policy S5 requirement. It was also agreed that at 1 December 2020, there are currently 7245 households on the Council’s Housing Register, which has increased from 6553 as at 1 April 2020. Of those, 2741 households are identified as being in bands 1-7 which is of greatest need. There is also agreement that there has been a rise in people housed in temporary accommodation from 8 households in April 2019 to 59 households in April 2020 – a 637% increase.’ (Pocklington para 70/ Swanland para 69).

In respect of Pocklington the Inspector was clear at paragraph 71 of her decision that:

‘For Pocklington specifically, the high levels of growth that have occurred as discussed above have also given rise to a healthy supply of affordable units. However, in light of the figures cited above, and setting aside the other points of debate between parties relating to the banding, waiting times and anticipated supply, in my view it is clear that the ‘significant and pressing’ need recognised by the examining Inspector, is now acute. While the offer of 25% affordable housing would only meet the policy minimum in LPSD Policy H2, the weight to be given to it as a benefit cannot be anything other than substantial.’’

Similarly at paragraph 70 of her Swanland decision the Inspector set out that:

‘For Swanland specifically, the high levels of growth that have occurred as discussed above have also given rise to a healthy supply of affordable units. However, in light of the figures cited above, and setting aside the other points of debate between parties relating to the banding, waiting times and anticipated supply, in my view it is clear that the ‘significant and pressing’ need recognised by the examining Inspector, is now acute. While the offer of 25% affordable housing would only meet the policy minimum in LPSD Policy H2, the weight to be given to it as a benefit cannot be anything other than substantial.’

In undertaking the planning balance exercise the Inspector found in both decisions that the benefits of the schemes included affordable housing of which she afforded ‘substantial weight’ (Pocklington para 109/ Swanland para 91).

Overall, the Inspector considered that the proposals would comply with the development plan when considered as a whole, and subsequently allowed the appeals.

Counsel for the appellant was Thea Osmund-Smith of No.5 Chambers. Expert evidence was also provided by Gladman Development Ltd (Planning), Emery Planning (Housing Land Supply) and Prime Transport Planning (Highways).

End

08.04.21