February 13th, 2024 by James Goudie KC

The two claims in REDROW HOMES LTD v SoS for LEVELLING UP, HOUSING AND COMMUNIIIES and HERTSMEREBOROUGH COUNCIL and in MEAD REALISATIONS LTD v SoS and NORTH SOMERSET COUNCIL ( 2024 ) EWHC 279 ( Admin ) raised issues about both the interpretation and the application of the sequential test in national policy on flood risk.
Holgate J set out : –

  1. The relevant policies and practice guidance in the NPPF and PPG : paras 4-23;
  2. The legal status of national planning policy : paras 55-71;
  3. The legal principles on the interpretation and application of planning policy : paras 72-92;
  4. The interpretation of the sequential test in the NPPF and the PPG : paras 93-115; and
  5. The challenges : paras 145-182.

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