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Court of Appeal to Consider Calculation of Housing Need in Local Plans

Ned Westaway

Permission to appeal has been granted against the judgment of Nathalie Lieven QC (as she then was) in the case of CPRE Surrey v Waverley BC [2018] EWHC 2969 (Admin).  The case concerns Waveley Borough Council’s decision to accept an inspector’s recommendation to increase the housing requirement in its local plan by 3,150 dwellings to accommodate unmet need arising from Woking borough.

In granting permission, Singh LJ commented that there is a compelling reason for CPRE’s appeal (together with a concurrent appeal by campaign group POW) to be heard and that the case raised issues of principle of general importance.

The Court of Appeal has not before considered the nature of the exercise that a local planning authority must take when considering whether or not it is appropriate to include housing provision in its local plan from a neighbouring authority.

Ned Westaway, instructed by Richard Buxton Solicitors is acting for the appellant