On 27 July 2020 Inspector Vyse allowed Bellway Homes (Manchester Division) appeal (APP/N4205/”/20/3247035) against a refusal by Bolton MBC of an application for 167 dwellings at Bowlands Hey Phase 2. The Inquiry was a virtual event held between 6 July 2020 – 9 July 2020 (inclusive). Stephanie Hall of Kings Chambers appeared on behalf of the local planning authority. The application had been refused on the basis of the site being Other Protected Open Land (“OPOL”) in the Development Plan and adverse landscape and visual impact. It was agreed that Bolton only had a land supply of 3 – 3.6 years. As a consequence, the OPOL policies were found to be out-of-date. The analysis of landscape and visual impact is of interest. In particular, Bolton argued high adverse impact due to the significant effect of change to a greenfield site. The Inspector robustly rejected this approach noting such change is inevitable on a greenfield site on the edge of any settlement and one should be careful not to overinflate such impacts in the planning balance.
If any reader has any queries in respect of any pending virtual hearing, David Manley QC will be happy to discuss them if an appointment is made via his Clerk: Mark Ronson on 0161 819 8809.
View the appeal decision 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
Aidan Reay successfully resists jurisdiction challenge in the TCC.
https://t.co/dlBSyRjBNa https://t.co/NcCQGVOmhK Kings Chambers 1 day, 20 hours ago..
Miss our webinar on 'When is a settlement not full and final? Tomlins and the CCA'?
Catch up with the recording n… https://t.co/nxVBPulpug Kings Chambers 5 days, 17 hours ago..
UK Holocaust Memorial & Learning Centre consented by the Minister.
Chris Katkowski QC was instructed by the Applic… https://t.co/42b07JJS5v Kings Chambers 5 days, 22 hours ago..
The July 2021 edition of the Kings Insolvency newsletter is now available!
This issue focuses on CVAs with particu… https://t.co/grl5D30r0q Kings Chambers 5 days, 23 hours ago..
Freddie Humphreys highlights and discusses key changes to the National Planning Policy Framework releas… https://t.co/3PA3jao7qD Kings Chambers 1 week, 6 days ago..
© Copyright 2021 Kings Chambers. All rights reserved.
Please click here to view our current guidelines