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Preservation company fails to stop housing development

Posted: 19th March 2013   In: Commercial Property, Residential Conveyancing

A company set up to preserve parkland has failed to stop planning permission being granted for a housing development.

The issue arose when East Devon District Council granted outline planning permission for a 400-home estate in a countryside location. A total of 40% of the homes would be in the affordable housing category.

The council granted permission knowing that it was breaching its own local development plan, but justified the decision by saying there was a strong need to secure new housing, especially affordable housing.

The preservation company, Save Our Parkland Appeal Ltd, applied for a judicial review of the decision claiming that the council had failed to explain why it had departed from its development plan.

The court stated that the Town and Country Planning Act 1990 required local authorities to act in accordance with their development plans unless material considerations indicated otherwise.

The planning officer’s report to the council made it clear that there were policies and factors weighing both against and in favour of granting planning permission. It was clear that the local authority had to undertake a balancing exercise.

It therefore granted permission because it felt the benefits of the new homes, which were badly needed in the area, outweighed the fact that it was breaching its development plan.

The application for judicial review was therefore refused.

Please contact Kevin Walsh about the issues raised in this article or any other matters relating to planning and development.