In Jelson Ltd v Secretary of State for Communities and Local Government EWCA Civ 24, housebuilders brought a challenge to the adequacy of an assessment by an Inspector of the full objectively assessed need for housing, including specifically the role of affordable housing need in the calculation. The High Court rejected the claim, and the appeal to the Court of Appeal was dismissed, the Court (Lindblom LJ) going to considerable lengths to emphasise the extent of planning judgment applicable to such assessments.
The judgment is here.
Christopher Lockhart-Mummery QC appeared for the appellant.
Sasha Blackmore was junior counsel to the Secretary of State (and sole counsel in the High Court).