Killian Garvey, acting for East Riding of Yorkshire Council, has won two appeals relating to the same site in Kilnsea.
The Appellants pursued the enforcement appeal on every possible ground of challenge. The Inspector accepted the Council’s case that much of the development at the site constituted a breach of planning control. This required the Inspector to consider whether planning permission should be granted.
The Inspector accepted that planning permission should not be granted owing to the development not passing the sequential test in the context of flood risk. The Inspector also found that he could not rule out that there would be no significant effect on a European site without relying on mitigation. This follows the recent monumental judgment from the European Court of Justice in People Over Wind. This decision is, therefore, another example of the consequences of this ECJ judgment.
The Appellants also pursued the appeal pursuant to ground (e), arguing that service of the enforcement notice had not been effective. The Inspector awarded costs against the Appellant for pursuing this ground. The Inspector accepted that there was no prejudice in pursuing this ground and thus it was, ‘only ever a barren academic exercise’.
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