Precedent set with NPPF over the Localism Act
Tewkesbury Borough Council’s bitter battle against the Secretary of State for Communities and Local Government and two major developers to build over 1000 new homes in Gloucestershire has set a major new precedent.
The decision by the High Court, which ruled against the local authority’s decision to refuse the planning permission for new homes, reflected the view that the Local Plan was out of date, inferring a lower weighting to it’s influence on decisions.
The Court also discovered that the imerging joint plans of Tewkesbury Borough Council, Gloucester city Council and Cheltenham Borough Council were unable to meet the demand for housing in the area over the next five years. Tewkesbury Borough Council have responded with a statement arguing that the local council has been undermined in it’s ability to determine local housing need through the local development document structure and processes.
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