Introduction

The case of Miller Homes Ltd v The Scottish Ministers ([2024] CSIH 11) addressed a pivotal issue in Scottish planning law: the relationship between the newly implemented Fourth National Planning Framework (NPF4) and existing Local Development Plans (LDPs). Miller Homes Ltd, the appellant, sought planning permission for a residential development consisting of 250 houses on farmland in Mossend, West Calder. The Scottish Ministers, as respondents, refused permission based on the incompatibility of the proposed development with Policy 16(f) of NPF4. The crux of the dispute centered on whether Policy 16(f) of NPF4 supersedes existing policies in the West Lothian LDP, specifically Policy HOU 2, or whether the latter remains applicable until a new LDP incorporating NPF4 is adopted.

Summary of the Judgment

The Scottish Court of Session, Inner House, upheld the refusal of planning permission by the Scottish Ministers. The court determined that Policy 16(f) of NPF4 supersedes Policy HOU 2 of the West Lothian LDP under Section 24(3) of the Town and Country Planning (Scotland) Act 1997. As a result, the proposed development was found incompatible with NPF4 and the current LDP policies, leading to the dismissal of Miller Homes Ltd's appeal.

Analysis

Precedents Cited

The judgment referenced several key precedents that influenced the court's decision:

• Gladman Developments Ltd v The Scottish Ministers [2020] CSIH 28; highlighted the necessity for consistency in interpreting housing land supply targets.
• Hallam Land Management Ltd v Secretary of State for Communities and Local Government [2018] EWCA Civ 1808; emphasized the importance of maintaining consistent decision-making in planning matters.
• North Wiltshire DC v Secretary of State for the Environment [1992] 65 P & CR 137; reinforced the requirement for rational and consistent reasoning in planning decisions.

These precedents underscored principles of consistency, rationality, and adherence to statutory mandates, which were pivotal in the court's affirmation of the Ministers' decision.

Legal Reasoning

The court's legal reasoning revolved around the interpretation of statutory provisions and the hierarchy of planning documents. Section 24(3) of the Town and Country Planning (Scotland) Act 1997 was central, stipulating that in cases of incompatibility between the National Planning Framework and an LDP, the later in date prevails. Since NPF4 was adopted after the existing LDP, its policies took precedence.

Policy 16(f) introduced stringent criteria for the development of unallocated land, aligning with broader national outcomes such as sustainable development and greenhouse gas reduction. The proposed development by Miller Homes did not meet these criteria, particularly lacking in integration with sustainable transport and exceeding affordable housing limits.

The court also addressed the appellants' argument that Policy HOU 2 should remain applicable until a new LDP is adopted. However, the court found this interpretation irreconcilable with the clear legislative mandate that NPF4 supersedes existing plans upon adoption.

Impact

This judgment establishes a clear precedent that the National Planning Framework holds supremacy over existing Local Development Plans once adopted. Future applications for planning permission will need to align with NPF4 policies, even if local plans have conflicting provisions. This ensures national coherence in planning decisions, particularly concerning sustainable development and housing targets.

Developers must now meticulously assess their proposals against NPF4 criteria to secure planning permissions, potentially reducing the flexibility previously afforded by local plans. Additionally, local councils may need to expedite the adoption of new-style LDPs incorporating NPF4 to provide clarity and direction for future developments.

Complex Concepts Simplified

National Planning Framework (NPF4)

NPF4 is Scotland's strategic spatial plan outlining national policies and proposals for land development and use. It focuses on sustainable development, housing needs, climate change mitigation, and other national outcomes aligned with the United Nations Sustainable Development Goals.

Local Development Plans (LDPs)

LDPs are detailed plans prepared by local councils, setting out policies and proposals for land use in their respective areas. They address housing targets, infrastructure, environmental considerations, and other local priorities.

Policy 16(f) of NPF4

This policy restricts the development of unallocated land for housing unless specific criteria are met. It aims to ensure that new housing developments are sustainable, well-integrated with infrastructure, and contribute positively to broader planning objectives.

Policy HOU 2 of West Lothian LDP

Policy HOU 2 mandates maintaining a minimum five-year effective housing land supply based on annual audits. It allows the development of greenfield land if certain conditions are satisfied, such as alignment with local character and provision of necessary infrastructure.

MATHLR and LHLR

• MATHLR (Minimum All-Tenure Housing Land Requirement): The minimum amount of land designated for housing development over a ten-year period, as specified in NPF4.
• LHLR (Local Housing Land Requirement): The total land required to meet housing targets in a specific area, which is expected to exceed the MATHLR to account for future demands.

Conclusion

The Miller Homes Ltd v The Scottish Ministers judgment significantly reinforces the authority of the National Planning Framework over existing Local Development Plans. By establishing that NPF4 policies take precedence once adopted, the court ensures uniformity and alignment with national objectives in planning decisions. This decision necessitates that developers and local councils prioritize compliance with NPF4, potentially reshaping the landscape of residential development in Scotland. The case underscores the judiciary's role in interpreting and enforcing statutory hierarchies, ensuring that national goals are seamlessly integrated into local planning practices.