Killian Garvey, acting for Rainier Developments and Heyford Developments Limited, has been successful in securing planning permission for 23 residential dwellings in Moorside, Oldham.

The appeal related to a site where an Inspector had refused planning permission for highways reasons in December 2015. Oldham Metropolitan Borough Council also refused the application for highways reasons for refusal. However, on appeal it was demonstrated that the highway objections to the proposal had been overcome.

In particular, a legal dispute arose as to the imposition of Grampian conditions to secure highways improvements on land not owned by the Appellant. The Inspector accepted the Appellant’s interpretation of law and guidance that this was not objectionable under the circumstances.

It was also demonstrated that the Council were unable to demonstrate a 5-year housing land supply, which had particular consequences in the context of the Council’s own development plan.

The Inspector granted planning permission and awarded the Appellant their costs in respect to the highways evidence.

Killian Garvey was instructed by Jon Kirby from GVA.


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