Alison Ogley acted for a third party, Stop Allaston Developments, objecting to a greenfield development for 240 houses in Lydney, Forest of Dean. The Council pulled out of the case, so Stop Allaston Developments, were the main 'opposition'. The case was recovered by the Secretary of State who refused permission - it has taken most of the year for the decision to come through. Despite the Council withdrawing its case, on the basis that it could not demonstrate a five year supply of housing, the Secretary of State refused permission as the benefits of the development did not demonstrably and significantly outweigh the harms, including conflict with the development plan, conflict with emerging local policy, and adverse impacts to landscape and character.
The Secretary of State has also awarded the developer - Allaston Developments - to pay costs to Stop Allaston Developments arising from 'designing at appeal' and applying for an adjournment in unreasonable circumstances. It can be seen as a cautionary reminder to developers that designing at appeal is far less likely to be tolerated under the current procedural guidance issued by the planning inspectorate - even on an outline scheme - and that care must be taken to ensure Appellant's do not cause third parties (who are often underfunded) to incur additional and unnecessary expense during the course of an Inquiry. Dowload the Decision here Download the Costs Decision here
Winckworth Sherwood in conversation with Kings Chambers
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