This is a challenge to Craven District Council’s decision to adopt interim affordable housing guidance entitled ‘Negotiating Affordable Housing Contributions August 2016’.
The Claimant does not agree with the Council’s assertion in the guidance document that it is “not a development plan policy”.
The Claimant challenges the adoption of the document on the basis that it contains statements that fall within regulation 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012. This means that the guidance must be a development plan document or, in the alternative, a supplementary planning document. The Council failed to comply with the procedural requirements for adopting development plan or supplementary planning documents under the 2012 Regulations. Notably, the Council failed to undertake a public consultation before adopting the guidance.
The Claimant also contends that there has been a breach of the SEA Directive and the Environmental Assessment of Plans and Programmes Regulations 2004 on the basis that the adoption of the guidance required an environmental assessment, which was not carried out.
HHJ Mark Raeside QC granted Skipton Properties permission to apply for judicial review on all three grounds of the claim.