Cornerstone Barristers has recently reported on 18 June 2020 that the Secretary of State has consented to judgment in an appeal under section 288 against an inspector’s decision that the definition of 'deliverable' in the Glossary to the NPPF is a 'closed list'.
The Glossary to the NPPF states:
- Deliverable: To be considered deliverable, sites for housing should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years. In particular:
- a) sites which do not involve major development and have planning permission, and all sites with detailed planning permission, should be considered deliverable until permission expires, unless there is clear evidence that homes will not be delivered within five years (for example because they are no longer viable, there is no longer a demand for the type of units or sites have long term phasing plans).
- b) where a site has outline planning permission for major development, has been allocated in a development plan, has a grant of permission in principle, or is identified on a brownfield register, it should only be considered deliverable where there is clear evidence that housing completions will begin on site within five years.
It is reported that the Secretary of State has confirmed that the types of sites that can be considered ‘deliverable’ are not limited to those listed above. Sites with a resolution to grant planning permission subject to the execution of a s.106 agreement or draft allocations in an emerging plan, could by example now be considered ‘deliverable’. Ultimately, whether a site does or does not meet the definition is a matter of planning judgment on the evidence available.
This development will likely come as welcome news to councils struggling to identify sufficient 'deliverable' sites to meet their five-year supply of housing land.
For more information or planning assistance please contact the Hewitsons’ Planning and Environment Team