A scheme for 42 dwellings in Milford on Sea in the New Forest District was allowed following a public inquiry. The Council chose to dispute evidence in respect of viability when this issue had previously been agreed between the Appellant, Pennyfarthing Homes and the District Valuer Service instructed by the Council.
The dispute was not apparent on the Minutes of the Decision from the Council. At the Public Inquiry it ultimately boiled down to a narrow issue over which was the correct set of data to use from the BCIS tables. This issue was emphatically determined in favour of the Appellant. The appeal was allowed and the Council were found to have acted unreasonably in the introduction of their case on viability so justifying a partial award of costs.
Gary Grant of Kings Chambers, instructed by Jacqueline Mulliner of Terence O Rourke on behalf of Pennyfarthing Homes appeared for the Appellant. You can find the appeal decision here and the costs decision here.
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