David Manley QC and Martin Carter have acted for the Local Planning Authority and the Appellant in the first appeal to reach inquiry under the Rosewell pilot scheme. The aims of the scheme are to speed up the processing and determination of appeals and to adopt more flexible ways of working through the evidence.
The appeal was made by Gladman Developments Limited in respect of an application for outline planning permission for up to 110 dwellings on land at Henthorn Road, Clitheroe. The issues raised related to housing land supply, sustainable access to the site, highways capacity and safety as well as planning policy. The inquiry was presided over by Inspector Stephen Normington. The evidence was dealt with by a mixture of formal cross-examination of the planning policy evidence, an informal hearing session for housing supply and sustainable access issues and by “hot tubbing” for the the highway capacity and safety issues. Whilst this latter process is familiar to the civil courts, it is new to the planning system and involved the Appellant's highway witness and the County Councils Highways Officer giving evidence at the same time, side by side at the witness table, with the Inspector leading them through a discussion of the relevant issues.
The appeal was allowed with a partial costs award to the Appellant.
Martin acted for the Appellant, Gladman Developments Limited and David acted for the Local Planning Authority, Ribble Valley Borough Council.
A copy of the appeal decision can be viewed here and the costs decision here.
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