Paul G Tucker QC acted as the advocate for Jones Homes Southern Ltd in securing consent for 73 open market houses on greenfield land adjacent to Burgess Hill Mid-Sussex in a s.78 appeal which was allowed this week. The case had a number of unusual and complex features, including establishing the lack of 5 YS, the promotion of land for development immediately adjacent to South Downs National Park and the claimed effects upon the Dark Skies Reserve as well as the fact that the site lies adjacent to a commercial vinyard.
The decision was one of the first issued after the parties had been asked to comment upon the effects of the Supreme Court case of Suffolk Coastal.
For the Appeal decision, please click here.
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