Paul G Tucker QC and Philip Robson were instructed by Josh Risso-Gill, Partner at CMS Cameron McKenna, acting for Summix LRB Developments, were successful at appeal for a large mixed use development in Bath. The scheme included an 80-bed purpose-built student accommodation (PBSA), B1c light industrial and D2 assembly and leisure uses. A great result for the team overcoming all seven of the original reasons for refusal.
The site was an existing employment site in a designated employment zone, with no allocation for PBSA. Furthermore, the proposed development is opposite a listed building, in a conservation area which encompasses a World Heritage Site. There was also an initial objection from Natural England on the grounds of impact on the SPA.
Following a 4-day hearing, conducted remotely, Inspector John Woolcock allowed the appeal for the scheme, dismissing all seven reasons for refusal - impact on employment uses; impact on economic strategy; over provision of PBSA; flood risk; trees; ecology; and, living conditions.
With so many reasons for refusals, there are a number of important points of general application to be taken from the decision:
Paul and Philip were greatly assisted by Josh Risso-Gill’s team, particularly Nicola Insley, Gael Hardie and Ciara Berry-Downs. The team included Patrick Marks - Planning (Senior Planner, AGM Ltd), Stuart Black (Development Director, Summix Developments Ltd), Matthew Bowen - PBSA Need (Partner, Knight Frank), Colin Scragg - Employment Land Need (Partner, Carter Jonas), Trevor Furse - Landscape (Director, Furse Landscape Architects Ltd), John Blanchard - Transport (Director, Hydrock), Joanna Freyther - Flood Risk (Associate Planner, SLR Consulting), Jacob Hepworth-Bell - Ecology (Associate Director, Ecology Solutions Ltd), Alex Robinson - Heritage (Director, Pegasus Group), Vince Taylor - Noise (Senior Acoustic Consultant, Hydrock).
VIEW THE APPEAL DECISION HERE
Covenants Restricting Competition: Life after the Supreme Court
Property Pick & Mix 2021
Adult Social Care Law Conference
© Copyright 2021 Kings Chambers. All rights reserved.
Please click here to view our current guidelines