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ARTICLE · 26 JUNE 2018

Comparables That Glitter Are Not All Gold

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The developer relied on nearby sales data to justify its land cost as at the market value for the site, limiting its affordable provision at ten percent.

United KingdomReal Estate and Construction
Roy Pinnock
Roy Pinnock
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The approach to land value and the application of planning policy were brought into sharp focus by an Inspector's decision to dismiss the developer's appeal against refusal of permission on the grounds that the 'maximum reasonable level' of affordable housing had not been secured. The developer had proposed residential redevelopment of a surplus military site where it was the successful bidder. Holgate, J's judgment – dismissing the challenge to that decision under Section 288 of the Town and Country Planning Act 1990 – in Parkhurst Road Ltd v Secretary of State for Communities And Local Government & Anor [2018] EWHC 991 (Admin) confirms the importance of understanding how land value should reflect planning policy requirements.

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