Killian Garvey, instructed by Greystoke Land, assisted with securing planning permission for 10 entry-level affordable dwellings in Broad Town, Wiltshire.
The Inspector determining the appeal identified that there were 5 main issues. One of the central issues was whether the development proposal conformed with paragraph 71 of the NPPF, which relates to entry level affordable dwellings.
The Council sought to argue that it was for the Appellant to establish a need for entry-level units to satisfy paragraph 71 of the NPPF. However, the Inspector found that the Council had misinterpreted the NPPF in reaching this conclusion. The Inspector held that the opposite was true at paragraph 13:
It would be irrational to require a developer to demonstrate that the need for such homes is already being met as this would undermine their position. Consequently, the only logical conclusion is that within Paragraph 71 of the Framework the existence of need is implicit, and the burden to demonstrate that such a need is being met sits with the Council. In considering that the Council does not record entry level homes as a subset of affordable housing more generally, it cannot be demonstrated that the need for such homes is being met in this case.
Another issue for the Inspector was whether the developer needed to do costly trial trenching or whether this could be dealt with by way of a condition. The Inspector found that there was no evidence to doubt to geophysical survey data. The Inspector held as follows at paragraph 42:
In the unlikely event that features of possible archaeological origin are present, the robustness of the appellant’s approach means that any such findings would likely be limited in scope and scale. Consequently, any residual risk could be addressed by a suitably worded planning condition requiring further archaeological investigations as part of the development’s construction.
Killian Garvey was instructed by David Hutchison from Pegasus. John Gregory from Wright Hassall dealt with the section 106 agreement. Jonathan Easton acted for Wiltshire Council.
Click here to view the decision
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
We are pleased to announce that Andrew Hogan and Gordon Exall (@CivilLitTweet) will be speaking at the… https://t.co/o2p7nbSHJl Kings Chambers 1 week, 2 days ago..
Our Women In Costs: Development Brunch and Seminar is now underway!
It is fantastic to see so many women from the… https://t.co/wrXH3qSXcG Kings Chambers 1 week, 2 days ago..
Wilson Horne successful in High Court claim in relation to a conditional sale agreement and the refusal to validate… https://t.co/WLN8S1GjIk Kings Chambers 1 week, 3 days ago..
We are delighted to announce that Rosie Kight has been appointed as a fee paid Judge of the Employment Tribunals (E… https://t.co/5J2MJlUlrM Kings Chambers 1 week, 4 days ago..
Andrew Hogan successful again in another QOCS appeal in the Court of Appeal.
Find out more:… https://t.co/DmfV3hPwCR Kings Chambers 1 week, 5 days ago..
© Copyright 2023 Kings Chambers. All rights reserved.