Paul G Tucker QC and Constanze Bell secure permission for 170 houses as landscape harm outweighed 

Paul G Tucker QC and Constanze Bell have secured planning permission for 170 dwellings (including affordable housing) on behalf of David Wilson Homes and Anthony Raymond Shuttlewood in Sileby, Leicestershire. 

Matters in dispute before the Planning Inspector included: the suitability of the location, the effect of the proposed development on the character and appearance of the area in relation to landscape and the Area of Local Separation, the adequacy of provision for affordable housing and other infrastructure requirements; and the planning balance. 

The Inspector found that the site was not a valued landscape but that the site should be afforded moderate value in landscape and visual terms. Overall the Inspector considered that “the presence of existing housing lessens the harm and it can be mitigated by planting and access to green space. While the overall effect would not be beneficial, the mitigation would limit the harm caused to no greater than moderate” (at [33]). In terms of the ALS, the Inspector considered that whilst “there would be an actual and sizeable reduction in the amount of ALS, the perceptual reduction in ALS would be limited to relatively short sections of different routes while the public open space would retain a meaningful break in built form… the separation between the two settlements would be clearly maintained” (at [43]. Overall, only moderate harm would be caused to the ALS.

In addressing the adequacy of provision for affordable housing and other infrastructure requirements, the Inspector found that the contested Primary School Contribution, the Primary Transport Contribution, the Early Years Contribution, and the Healthcare Contribution were not necessary on the evidence before him.

The decision will be of interest because of the approach to Areas of Local Separation and analysis of the evidence required to support infrastructure contributions. The decision can be found here.

Paul and Constanze were instructed by Harry White AssocRTPI, Senior Planner at David Wilson Homes East Midlands. Angela Brooks of Fisher German gave the planning evidence, Ben Hunter of Educational Facilities Management Ltd gave the evidence on infrastructure contributions and Andrew Cook of the Pegasus Group gave the landscape evidence.