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HBF Briefing - Appeal decision

Date: 24/02/12

Planning Inspectorate: Ref 2157515: Moat House Farm, Elmdon Road

Dear all,

Courtesy of Jo Russell, this appeal decision  (please click here to view) should be of interest for those interested in approaches to calculating a five year land supply (see Jo’s summary below).

It would also appear from this decision and a number of others recently that the absence of a five year land supply is being given a lot more weight than the situation we facing us two years ago. Design considerations are still important, however.

I think the decision is also of interest for the discussion about the s106, the application of Circular 5/05 and the relationship to the CIL (see paragraphs 54 to 58). You can’t demand a sum from a developer if you don’t know what it’s going to be spent on and obligations should not be levied to resolve exiting deficiencies in council services.


James Stevens

HBF Strategic Planner


Summary: Joanne Russell, Barton Wilmore

Key items to note:

  • Inspector agreed a 10% discount for non-implementation of existing commitments was reasonable;
  • Windfall sites should not be included;
  • Regeneration sites which are known only to the Council in a private and confidential business plan should not be included;
  • Draft emerging Local Plan sites should not be included;
  • Bringing forward a site which is not identified in the first phase of the draft local plan period, but is proposed for a later phase, is not detrimental to the overall proposed phasing policy.

Joanne Russell