Cases - R v London Borough of Tower Hamlets, ex parte Barratt Homes

Record details

Name

R v London Borough of Tower Hamlets, ex parte Barratt Homes

Date

[2000]

Citation

JPL 1050

Keywords

Planning control

Summary

Tower Hamlets intended to take policies in the development plan into account in dealing with an application for a 'windfall' site for housing (a site not specified in the plan, but identified after adoption or approval of the plan). These policies sought the provision of one affordable housing unit for every 3 private housing units. Barratt claimed that a windfall site could not have an adverse effect on the need for affordable housing, so it would do no harm if no affordable housing was provided on the site.

Mr Justice Sullivan held that, as the evidence showed that allocated housing sites would not meet the identified need for affordable housing in the plan period, the release of this windfall site without making provision for affordable housing would have an adverse impact on the existing needs of the community for affordable housing. The shortfall would be even greater if an appropriate contribution were not sought from windfall sites.