AFFORDABLE HOUSING SPD WITHDRAWN FOLLOWING INQUIRY AND THREATENED JUDICIAL REVIEW

An appeal was made by Robert Hitchins Ltd ("RHL"). It related to an outline application for residential development (up to 750 dwellings) and a reserved site for a school, including infrastructure (with access arrangements), ancillary facilities, open space and landscaping on land on the urban edge of Lydney in the Forest of Dean. The appeal site formed part of a larger allocated site for a mixed use development, being the most significant single planned development in the Forest of Dean District Council District Local Plan Review 2005. An inquiry was held in January and May of this year. The principle of development was not at issue but affordable housing, viability and section 106 contributions were main issues at the inquiry. The Secretary of State's decision is awaited.

At the inquiry RHL argued that the Forest of Dean District Council's recently approved Supplementary Planning Document on affordable housing (the "SPD") was unlawful in that it misconstrued existing Local Plan policy, in particular relating to the question of "a target of 40%" affordable housing, and sought thereby to establish new policies and/or alter a saved policy contrary to Regulation 13 of the Town and Country Planning (Local Development) (England) Regulations 2004.

Following the inquiry RHL gave notice of intention to apply for Judicial Review of the SPD in accordance with the Judicial Review Pre Action Protocol. As a consequence the Forest of Dean District Council withdrew the SPD and have issued an amended version for consultation.

Craig Howell Williams QC represented and advised Robert Hitchins Limited.