After receiving letters from the previous government and public feedback on the East Hampshire draft local plan in early 2024, the council sought legal advice on reducing the district’s housing targets. To do this, they consulted a top legal expert.
The key legal questions were:
- Can "exceptional circumstances" for lowering housing numbers include factors beyond population and housing data, such as environmental or planning concerns?
- What legal risks would the council face if it didn’t follow the government’s standard housing calculation?
- What kind of evidence would justify a different approach to housing numbers in East Hampshire?
- How risky would it be to create a plan that deviates from the standard method?
Paul Brown KC, an expert in planning and environmental law, provided his opinion.
- Opinion on the assessment of housing need (pdf 208 kb)
In summary, he stated that:
- any exceptions to the standard housing method should be based only on demographic or housing market factors.
- environmental factors, such as the presence of the South Downs National Park, should not be used to change housing calculations.
- if the council uses the national park as a reason to reduce housing targets, the plan would likely be legally unsound.
- if the legal approach is flawed, it could have serious consequences for the emerging local plan.
Given this advice and potential planning policy changes under the new government, the council will monitor updates and adjust its approach accordingly.