29.06.2023
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In a concerning trend observed nationwide, planning committees are increasingly overturning positive recommendations from Officers. One recent case exemplifying this trend involved a housing scheme proposed by Bellway, consisting of 66 homes with 25% designated as affordable housing. Initially recommended for approval on a greenfield site, the scheme faced refusal during the Planning Committee meeting due to concerns over landscape harm, heritage impacts, and cumulative highway impacts relating to safety.
However, before the decision notice was issued, it became clear that the landscape reason for refusal could not be justified. Subsequently, Esquire Developments, a local SME housebuilder, had their appeal co-joined (by PINS) with Bellway's appeal against the refusal of their own proposal for 48 homes on similar grounds. Both applications and the subsequent appeals were managed by DHA.
Yet, just when a semblance of stability seemed within reach and the Inquiry only weeks away, the originally assigned inspector became unavailable, subjecting the team to three-weeks of uncertainty until the replacement was secured. Whilst unsurprisingly the delay was met with more frustration, the Council recognised it was unable to defend the grounds for refusal against either appeal, especially as a nearby site appeal decision in a neighbouring Borough had weakened their highway case. Furthermore, the heritage reason for refusal lacked standalone strength, as it was acknowledged that the benefits of the development outweighed the harm, primarily in light of the highway impacts.
Despite the Council's decision not to present evidence at the inquiry, the final ruling rested with the inspector, who granted permission for both appeals. A pivotal factor in this determination was the acknowledgment of the significant importance of providing general needs and affordable housing. Bellway's commitment to expedited development timelines further strengthened the case for approval. It should be noted that the Council faced a shortage of available housing land, with no immediate prospects of a new Local Plan to rectify the situation. Additionally, the inspector took into consideration that Esquire Developments, was spearheading its proposed development, aligning with government policies that encourage SME growth in this sector.
This appeal decision serves as a reminder of the pressing need to update Local Plans and sheds light on the challenges faced by planning officers (and of course consultants and developers) due to the ever-changing dynamics of planning committees. Despite local (and national) rhetoric, the government remains steadfast in its objective to significantly enhance the supply of much-needed homes.
Image produced by GDM Architects
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