Paul Tucker QC and Philip Robson argue successfully for the tilted balance in face of 5 year supply and positive HDT result

Paul G Tucker QC and Philip Robson have been successful in securing planning permission for residential development in a well-located and desirable part of rural Hampshire.

The case is important for the application of recent case law (Wavendon [2019] EWHC 1524 and Peel Investments [2019] EWHC 2143 (Admin)) on the operation of the ‘tilted balance’.

The Council had a healthy 9.92 years’ worth of supply and an HDT result of local delivery at 278% above requirements.  Nonetheless, following the appellant’s argument and submissions, the Inspector applied the tilted balance. 

The settlement boundary policies were agreed to be the most important for determining the appeal (NPPF §11(d)).  They were found to be out of date as they did not reflect current housing need.  They had been overtaken by events.

There were a number of other main issues raised by the Council and the active Rule 6 Party - landscape and visual impact; heritage; trees; highways; ecology.  Ultimately, the Inspector found the scheme acceptable in all regards save for a limited adverse effect on the countryside - a fantastic job by the whole team across all of the specialisms in the inquiry.

Paul and Philip were instructed by Simon Roberts of WSP Indigo, the team included Andrew Cook (Director, Pegasus Group), Nick Corbett (Associate Director, WSP Indigo), Andrew Murdoch (Director, TTP Consulting) and Daniel Maughan (Aspect Ecology).

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