The general trend demonstrates a number of LAs without a five year supply are losing Appeals. Some of the reasons for this are:

• The Regional Spatial Strategy Housing Figures are provided weight in virtually all recent appeal decisions and certainly significantly more than any ‘interim housing statement’ (see decisions in Adderbury, Winchester and Swindon). However, where relevant and available, more up to date and robust evidence of local housing needs may be considered more relevant (see decision in Stratford).

• Weight to existing Local Plan allocations as part of the five year supply is diminished where those sites do not benefit from planning permission (see decisions in Chapel-en-le- Frith, Wincanton and Ottery St Mary). To be deliverable and hence recognised in the five year supply land must benefit from planning permission.

• The land supply calculation should be District-wide rather than any attempt to disaggregate it, based on emerging plans or proposals (Ottery St Mary).

• Prematurity is not a valid reason for refusal (see decisions in Bishops Cleeve and Cockermouth).

• A lot of Neighbourhood Plans are in their infancy and hence less relevant in decision making (see Blaby and North Baddesley).

• In LAs with Green Belt there is further justification to release non Green Belt land for development in advance of any Green Belt review (see Bishops Cleeve and Harlow).

• In respect of deciding either a 5% or 20% buffer the primary justification is based on an analysis of historic delivery rates; a relevant further consideration is the reasons why sites may not have delivered (see decision in Honeybourne).

• A further 10% discount rate may be applied to the projected land supply to reflect a non implementation rate (see also Honeybourne).

• A windfall allowance may only be justified with strong compelling justification, which is a demonstration of the proportion of housing delivered over past years from non garden (backland) windfall sites. An onward discount rate to the windfall allowance is justified (see decision in Wincanton).

• The previous shortfall in housing delivery has been addressed differently. There are examples in calculating the residual housing requirement to be made up in the first five years of the plan (most recently see Stratford).

Taken from
Spotlight: National Planning Policy Framework - One Year On