House builder Linden Homes applied to modify part of Bromley's development plan, which sought to limit the number of units on a railway site despite a bank report concluding that Bromley's proposed figure was financially unviable.
Linden Homes owned land at the 'Railway Site'. The Inspector's report concluded that the development plan was "sound" and did not consider the evidence from a bank report which rendered the 250 unit limitation on the railway site financially unviable.
Although the bank report gave evidence to show that 250 units would make the development unviable, the Inspector concluded that if 250 units were built, the local authority's overall housing targets would be met. The local authority subsequently adopted the plan.
Linden Homes argued that the development plan was not sound because it was financially unviable. The developers further argued that the Inspector had failed to take account of the evidence base in reaching his conclusions.
The court ruled that the development plan was not sound and would require modification to make it compatible with the statutory requirements.
