The National Planning Policy Framework (NPPF) is silent on whether an earlier oversupply of housing can affect a council’s future five-years land supply for homes.
That conclusion came from Mr Justice Dove in the High Court in a case concerning Tewkesbury Borough Council and developers JJ Gallagher and Richard Cook.
They had applied unsuccessfully to Tewkesbury to build 50 homes on a site in Gotherington, but the council’s decision was overturned on appeal by an inspector.
Tewkesbury argued that it could demonstrate a housing land supply of 4.37 years if the oversupply from previous years within the plan period was taken into account.
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