Killian Garvey, acting for Muller Property Group, assisted with securing outline planning permission for 70 dwellings in the village of Ansley, North Warwickshire.
On the first day of the inquiry, Killian cross-examined the Council’s planning witness for 3½ hours, which concluded with the Council’s witness conceding that planning permission ought to be granted if it was demonstrated that the development plan was out of date (a judgment which the Council had previously robustly refuted).
Overnight on the first day, Killian uncovered an appeal decision relating to North Warwickshire where the Secretary of State had found that the development plan was out of date. The reason that the significance of this decision had not been acknowledged by either party previously was owing to it relating to an employment scheme. Moreover, the key part of the decision was buried away at paragraph 376 of the decision.
Through the Appellant highlighting the relevance of this appeal decision to the Council, the Council conceded the case, which was unsurprising given their witness’ concession the previous day. Accordingly, on the second day of the Inquiry, all parties resolved that permission should be granted - a conclusion which the Inspector endorsed. The Appellant did not call any live evidence.
The Appellant was also assisted by:
Matthew Wedderburn Planning and housing supply witness – Knights
Alice Weston Support on planning and housing supply - Knights
Rick Bright Landscape – Rick Bright Associates
James Stacey Affordable housing – Tetlow King Planning
Duncan Heptonstall Solicitor for s.106 agreement - HCL
A copy of the Appeal Decision can be found here
Getting ready for mortgage litigation
Kings Chambers Young Professionals: Onerous terms in contracts: where does the law…
Costs Series: Retainers and billing after Belsner
© Copyright 2022 Kings Chambers. All rights reserved.