• Killian Garvey Successfully Represents Wellingborough Borough Council in Refusing 102 Dwellings

Killian Garvey Successfully Represents Wellingborough Borough Council in Refusing 102 Dwellings

Killian Garvey Successfully Represents Wellingborough Borough Council in Refusing 102 Dwellings

Killian Garvey successfully represented Wellingborough Borough Council in a s.78 planning inquiry relating to 102 dwellings at 199 Northampton Road, Wellingborough, Northamptonshire after a 4 day inquiry.

 

The appeal was brought by Hampton Brook Ltd. It was pursued by an extremely well resourced team who fought hard. The main issues at the inquiry were: (1) do the Council have a 5 year housing land supply? (2) ecology (3) landscape and (4) planning.

 

The Council won on every area of dispute. This was a significant victory being that it was the first time since the adoption of the Council’s development plan that a developer had sought to challenge the Council’s assumptions on housing land supply.

 

Interestingly, the Council also won on the technical argument that, being that the s.106 was not signed by a chargee, it was not a properly executed legal agreement that the inspector could have regard for.

 

It was also a great comfort to the Council that many of the pivotal concessions and/or areas of attack from the cross-examination were all reflected within the inspector’s decision letter.

 

Decision.

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