The Secretary of State has dismissed an appeal seeking permission for 120 homes in Goostrey, Cheshire on the grounds that it would impair the ability of the Jodrell Bank radio telescope to receive signals from space. He agreed with his inspector that the effect of the new housing would thereby potentially jeopardise Jodrell Bank’s work and international reputation as a “world class facility” – a factor that “transcended” any benefits in terms of housing supply – as well as causing significant harm to the setting of a nearby listed building, which he indicated would have been sufficient on its own to result in dismissal of the appeal.
The BBC news story relating to this appeal is found here and the Secretary of State’s decision letter is here
In another recent decision the Secretary of State has refused permission for 385 houses in Stretton, Staffordshire. The Secretary of State accepted his inspector’s recommendation that the appeal should be dismissed on account of conflict with the locational strategy of the development plan despite the local planning authority agreeing that the proposals were acceptable in terms of the character and appearance of the area and the accessibility of the location. He also agreed that, contrary to the appellant’s case, the local planning authority could demonstrate a five year supply of deliverable housing land so that its policies for the supply of housing were not to be considered out of date.
A copy of the Secretary of State’s decision letter is found here
Finally, an inspector also dismissed an appeal seeking permission for new purposed built student accommodation for 262 students in Headingley, Leeds. The appellant argued that the new accommodation would relieve pressure for student lettings and free up market housing in the area for other groups, thereby helping to redress the existing imbalance within the local community. However, the inspector agreed with the local planning authority that the new accommodation would exacerbate that imbalance and the problems flowing from it and that the benefits of the proposal were insufficient to outweigh that harm or the resultant conflict with the development plan.
A copy of the inspector’s decision is found here
John Hunter acted for Goostrey parish council in the Goostrey appeal and for the local planning authorities in the Stretton and Leeds appeals.
Emotional deregulation and the use of anticipatory declarations in the Court of Protection
When is a settlement not full and final? Tomlins and the CCA
© Copyright 2021 Kings Chambers. All rights reserved.
Please click here to view our current guidelines