The biggest challenges come when we are working for Local Authorities and NPPF para 11d is engaged. Invariably we are dealing with 5 year housing land supply, affordable housing delivery, and whether policies are in or out of date, alongside numerous other issues. There may also have been an officer recommendation of approval, overturned by Councillors at committee.
It’s a joy when we work with Authorities that accept the importance of defending the decision and are willing to fight to achieve the best outcome for their decision making. Our recent success in South Gloucestershire is noteworthy. Working alongside Suzanne Ornsby KC, Claire Nevin of Counsel, Charmian Eyre-Walker, Jane Jarvis, Rob Nicholson, Jonathan Lee and Julian Moss, among many other case officers, affordable housing officers, the Local Highway Authority, and WECA, ably guided by Eileen Paterson, shows that, regardless of recent past appeal decisions, anything is possible.
The team has successfully defended against an appeal for up to 180 dwellings on the outskirts of Wickwar, a modest village a few miles from Yate. The Inspector’s decision reinforces the Council’s 5 year housing supply, acknowledges that they are adequately delivering affordable housing, that policies previously considered to be out of date are in fact in date, that an undesignated landscape is still valuable (given substantial weight) and that public transport provision is key.
Our Managing Director Liz Fitzgerald has been an expert witness whilst employed by an Authority, and instructed as a consultant for an Authority, and relishes the challenge of Inquiries. She says, “Authorities are facing Appellant teams that are rolling out the same principle arguments time and time again and that makes the whole situation demoralising, but not insurmountable with the right approach”.
For this particular appeal several agents acting for other developers were watching to see the outcome. If the appeal were allowed the Authority would undoubtedly face numerous appeals, but hopefully this appeal will make many think twice. One positive decision can change the fortunes of an Authority and is worth fighting for.
Download the full Appeal Decision here
Image by No-longer-here
