Notable Planning Inquiries cases
Ashmead Drive, Gotherington (Appeal Reference: APP/G1630/W/20/3256319)
Successfully secured permission for 50 dwellings in Tewkesbury following a planning inquiry
Groveﬁeld Way (Appeal Reference: APP/B1605/W/18/3200395)
Successfully secured permission for a large scale business park on appeal, including an Aldi, Costa Coﬀee, oﬃce development and nursery. This followed an inquiry, subsequent High Court litigation and then a further hearing. The inspector awarded costs against the Council in this appeal.
Church of the Immaculate Conception (Appeal Reference: APP/X1118/W/19/3239847)
Assisted the Catholic Church in respect to a redevelopment scheme that related to substantial harm to a listed Church.
Land oﬀ Braybrooke Road, Desborough (Appeal Reference: APP/L2820/W/18/3215362)
Successfully acted for Kettering BC in resisting an appeal against Gladman developments. This involved defending the Council’s 5 year housing land supply, as well as arguing over landscape and highway impacts.
Land North East of Junction 37 of the A1 Motorway (Appeal Reference: 17/00301/FULM)
Secured the dismissal of permission for a motorway service station for Doncaster Council, contrary to the oﬃcer recommendation. This was a called appeal to the Secretary of State.
Land at Hill Cottage (Appeal Reference: APPU3935/W/17/3192234)
Assisted with securing permission for a large scale housing development in Swindon Borough Council.
Pear Lea Farm (Appeal Reference: APP/P2365/C/17/3190196)
Successfully secured the dismissal of an enforcement appeal, with a full costs award against the Appellant, for West Lancashire Borough Council.
Southbourne, Chichester (Appeal Reference: APP/L3815/W/17/3173380)
Successfully acted for Beechcroft Land Ltd in this planning appeal, where the Appellant secured permission for 34 dwellings in Southbourne, Chichester. The case has signiﬁcant implications nationally as it gives guidance on policies contained within a neighbourhood plan and the implications of the Secretary of State’s ‘written ministerial statement’.
Land oﬀ Haven Lane, Oldham (Appeal Reference: APP/W4223/W/17/3175644)
Successfully represented Heyford Developments in pursuing a planning application for up to 23 dwellings in Oldham. A previous application had been refused in respect to the site on highways grounds. Killian secured permission despite this highways objection and also secured an award of costs against the Council.
Desborough, Kettering (Appeal Reference: APP/L2820/W/16/3149835)
Successfully represented Kettering Borough Council in securing the dismissal of a housing application for 147 dwellings in Desborough. The appeal related to 5 year housing land supply and landscape. The Council were successful on both issues. It was pursued by Gladman Developments. Gladman pursued a statutory challenge of the Inspector’s decision, which Killian assisted in securing a dismissal of in the High Court acting for the Council.
Moneystone Park, Staﬀordshire (APP/B3438/W/16/3144848)
Acting as the junior to Paul Tucker KC, Killian assisted in securing planning permission for 250 holiday lodges near Alton Towers. This was a particularly long running application, that took several years to secure permission through a repeat application, which had to survive a challenge in the High Court.
Ansley, Warwickshire (Appeal Reference: APP/R3705/W/16/3149572)
Successfully represented Muller Property Group in securing 79 dwellings in Ansley, Warwickshire. This was the ﬁrst occasion since the adoption of the North Warwickshire Local Plan Strategy 2014 that the Council were found to be unable to demonstrate a 5 year supply of housing land.
Northampton South SUE (Appeal Reference: APP/V2825/W/15/3028151)
Successfully represented Bovis Homes, as the junior to Anthony Crean KC, in this housing development. Anthony and Killian secured outline permission for 1,000 dwellings. Costs were also awarded to Bovis Homes.
123 High Street, Wellingborough (Appeal Reference: APP/H2835/W/15/3140655)
Successfully represented the Council in resisting this s.78 appeal concerning a housing development for 59 dwellings in Irchester.
Windermere Avenue, Colne – (Appeal Reference: APP/E2340/W/15/3131974)
Successfully represented the developer, as the junior to Paul Tucker KC, in this s.78 appeal relating to a residential development for 90 dwellings.
Gladman Developments Limited v Cherwell District Council (Appeal Reference: APP/C3105/W/15/3134944)
Successfully represented the Council in resisting this s.78 appeal concerning a housing development for 75 dwellings in Kirtlington
Little Harrowden, Wellingborough (Appeal Reference: APP/H2835/W/15/3140093)
Successfully represented Wellingborough Borough Council in securing the dismissal of a housing development for 11 dwellings. Costs were also awarded to the Council.
199 Northampton Road, Wellingborough (Appeal Reference: APP/H2835/W/16/3144277)
Successfully represented Wellingborough Borough Council in securing the dismissal of a residential development for 102 dwellings. The inquiry lasted for 5 days and included substantial issues relating to ecology, landscape, 5 year housing land supply and planning.
East of Wem Road, Shropshire (Appeal Reference: APP/L3245/W/16/3150322)
Successfully represented the Council in this section 78 appeal relating to 25 dwellings. The development proposal was refused having regard to the correct interpretation of the presumption in favour of sustainable development.
Peartree Cottages, Durham (Appeal Reference: APP/X1355/W/16/3165827)
Successfully represented the developer in this written representation appeal concerning an extension to a HMO within a conservation area.