Legal Beagle
by Jo Hanslip
Our Legal Beagle is on the case…..we have a round up of the latest important judgements which we thought might be of interest:
Allowed Appeals:
Robert Hitchens Ltd appeal allowed for development including 250 development the Land at Oakley Farm, Cheltenham. The key issues here included the fact the Council accepted that they only had a 2.9year land supply. The Inspector indicated that the site was a suitable extension and the AONB and green belt constraints should be outweighed by the local housing need. Appeal reference APP/B1605/W/21/3273053
https://www.urbanissta.co.uk/wp-content/uploads/2022/11/FOFPS_opening_statement_FINAL-1.pdf
Robert Hitchens Ltd appeal on land at Land off Brook Lane, Twigworth proposed for residential development (up to 160 dwellings) has been allowed. Tewkesbury Borough Council and the appellant agreed a package financial measures which enabled a legal agreement to be settled between the parties and as such, the appeal was not contested. Appeal reference APP/G1630/W/22/3295270
https://www.urbanissta.co.uk/wp-content/uploads/2022/11/Costs-Decisions-3295270.pdf
Rosconn Strategic Land’s appeal has been allowed for their outline application for up to 233 residential dwellings on Land South of (East of Griffin Place) Radwinter Road, Sewards End, Saffron Walden CB10 2LB. Uttlesford acknowledged it only had a 3.52-year land supply. The Inspector found that sustainable transport measures could be provided a part of the development and the Appeal reference APP/C1570/W/22/3296426.
https://www.urbanissta.co.uk/wp-content/uploads/2022/11/2.-APP.C1570.W.22.3296426.pdf
Danescroft (FREOF V Willingdon) LLP appeal on land at Hindsland, Eastbourne Road, Willingdon, East Sussex BN20 9NU has been allowed. Wealden District Council did not contest the appeal and the site was considered by the Inspector to be well located to local facilities. Appeal reference APP/C1435/W/22/3293970
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3293970
Gleeson Strategic Land and Rydon Homes outline application for up to 200 dwellings on land west of Station Road in Hailsham, has been allowed despite being outside the settlement boundary. Wealden Council’s less than 4-year land supply resulted in the Inspector concluding that the housing need benefits outweighed any harm to countryside encroachment. Appeal reference APP/C1435/W/22/3296579
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?Caseid=3296579&CoID=0
The Vine’s application mixed use development including 700 dwellings and 8,600 sq m of employment space has been approved on land at Mornings Mill Farm, Eastbourne Road, Lower Willingdon. The Inspector found despite a previous appeal dismissal that the significant package of local benefits outweighed the and landscape and visual impacts and therefore allowed the appeal. Appeal reference APP/C1435/W/22/3297419
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3297419
Berkeley St Joseph’s Homes hybrid application for outline Application (all matters reserved except access) for up to 1,375 Dwellings has been allowed on land northeast of Bury St Edmunds, Great Barton. West Suffolk Council did not dispute the strategic nature of the site but had objected to the highway’s mitigation measures proposed as well as the local community offer. Following negotiations a suitable highways package was agreed and as such the appeal was allowed. Appeal reference APP/F3545/W/22/3297751
http://greatbarton.suffolk.cloud/news/plannng-appeal-enquiry-dc/
Wates Development Ltd’s appeal on land at South Road, Wivelsfield Green in Lewes has been allowed. The outline application from up to 45 dwellings with all matters revered except access, had been refused as Lewes Council considered the proposal out of keeping with the 34-dwelling allocation in the neighbourhood plan. Given the 2.73 year housing land supply and housing need benefits the Inspector allowed the appeal. Appeal reference APP/P1425/W/22/3299370
https://www.urbanissta.co.uk/wp-content/uploads/2022/11/1.-APP.P1425.W.22.3299370.pdf
Infrared UK’s application for the redevelopment of the Eastgate Shopping Centre in Basildon for up to 2,300 dwelling sand associated town centre uses has been allowed. the inspector considered that the lack of land supply and extent of public benefit outweighed and heritage harms and as such allowed the appeal. Appeal reference APP/V1505/W/21/3285386
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?CaseID=3285386&CoID=0
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