In January 2021, Emery Planning presented evidence in relation to housing land supply on behalf of Gladman Developments Ltd at a public inquiry concerning two appeals for 150 dwellings and 380 dwellings respectively on sites in Swanland and Pocklington in the East Riding of Yorkshire.
One of the main issues was whether the Council could demonstrate a five year housing land supply. Following the exchange of evidence, the Council conceded that it could not demonstrate a five year housing land supply against its adopted housing requirement after all. Instead the Council sought to claim that the five year housing land supply should be measured against a “hybrid” requirement comprising of 1 year of the adopted housing requirement and 4 years of the local housing need figure calculated using the standard method. The reason for this was because the adopted Local Plan will become five years old in April 2021 at which time the five year housing land supply will be measured against the local housing need (unless the strategic policies have been reviewed and found not to require updating). In allowing both appeals, the Inspector concluded that even though it was highly likely the Council would be able to demonstrate a five year housing land supply in a matter of weeks when the standard method will automatically kick in, at this moment in time the five year housing land supply should be measured against the adopted housing requirement. On this basis, the Council is unable to demonstrate a five year housing land supply and the tilted balance to the presumption in favour of sustainable development applies.