Killian Garvey, acting for L&Q Estates, was successful in securing planning permission for 50 dwellings in the settlement of Gotherington, Tewkesbury.
The same site had been unsuccessfully promoted for 50 dwellings at appeal in 2017. However, a number of material considerations had changed since then, which led to a different result.
One of the issues of importance was the Council’s 5 year housing land supply. The Council claimed a supply of 4.37 years, whereas the Appellant claimed it was 1.82 years. One of the key components for determining this was the question as to whether one could rely on the past oversupply of housing delivery in the onward projected supply.
The Inspector accepted the Appellant’s case that demonstrating a 5 year supply relied on ‘deliverable’ housing sites, meaning sites that would show completions ‘within five years’ (per the language of the National Planning Policy Framework). Thus, any site that had already completed its delivery necessarily could not be factored into the onward supply. Accordingly, the Appellant was successful in demonstrating that the Council’s supply was only 1.82 years and that circumstances had sufficiently changed, such that permission should now be granted.
A copy of the decision can be found here.
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 our annual Mini-Pupillage Fair will take place on 22nd & 23rd June 2023. For more infor… https://t.co/djaN5RC6Gs Kings Chambers 1 week, 4 days ago..
Andrew Hogan & Craig Ralph undertake their annual review of current issues in PI costs including QOCS, fixed costs,… https://t.co/qQnnlhwmRf Kings Chambers 1 week, 6 days ago..
The second in our employment law webinar series sees Laura Gould provide an overview of a modern understanding of n… https://t.co/YO39TWdoLY Kings Chambers 2 weeks, 3 days ago..
In the latest Kings Chambers Costs Newsletter Andrew Hogan considers recent developments in QOCS including a number… https://t.co/boFNieoFr7 Kings Chambers 2 weeks, 4 days ago..
For #InternationalWomensDay 2023, we want to take the opportunity to celebrate the achievements of our female membe… https://t.co/KfZisnct3f Kings Chambers 2 weeks, 5 days ago..
© Copyright 2023 Kings Chambers. All rights reserved.