Court of Appeal Case update 25th June

June 25, 2019

The case was heard yesterday before the three Appeal Court Judges Lord Justice Patten, The Senior President of Tribunals, Lord Justice Ryder and Lord Justice Lindblom
Their judgement will be delivered in due course sometime during the summer. We will update with news when it it is delivered.

A video of the session can be viewed here:

Fast track chapter points here:

Ned Westerway QC for CPRE:

Paul Stinchcombe QC for POW:  and

Wayne Beglan for Waverley BC:

and the closing remarks:

POW issued a statement to the press today:

“Our objective was to reduce the obligation upon Waverley Borough Council to meet an artificially high housing quota.  Waverley BC were forced to accept an apparently arbitrary additional number of houses they must build in the Borough to accommodate a greater demand in Woking.   That extra demand, Woking’s “unmet need”, has since been accepted as zero – but Waverley’s higher quota remains.    This case was about a specific part of the planning inspector’s judgement on Woking’s unmet need as included in Waverley’s Local Plan, and our challenge was to show he erred in law.     If CPRE’s and our case is proven to be correct then it has the potential to reduce the housing quota throughout the Borough by 1577 houses, some 14%.  That will have benefits across the Borough and relieve some of the onerous burden on the Borough Council to consent to building on unsuitable sites, as we have seen in the last 12 months.”

“Whilst we invited Waverley BC to discuss the options before the Appeal Court hearing we were unable to agree a common way forward in the limited time available.  POW and CPRE were not looking to challenge the Local Plan – simply a specific part of it relating to the unmet need.  Whilst the new Waverley BC administration agreed with our joint ambitions to reduce the housing quotas, their legal advice was different to our own as to the eventual planning process and what would result should the challenge be upheld in Court.”