Fisher German’s planning team has won a landmark appeal against South Derbyshire District Council’s refusal of a residential development on land adjacent to Melbourne.
The application, made on behalf of Investin Properties (Jersey) Ltd, was refused by the Council in October 2015, for reasons related to matters of heritage and landscape impact. Since this refusal, in June 2016 the Council also adopted its Local Plan Part 1, and claimed that it could demonstrate the minimum 5 year supply of deliverable housing land required by national policy.
Having acted for Investin Properties through the application, Fisher German appointed and managed the appeal team, developing a case to demonstrate not only that the impacts of the development were acceptable, but also that the Council could not in fact demonstrate the requisite level of housing land supply. This is a key point for many housing developments, since a shortfall in housing land creates a strong presumption in favour of developments which are sustainable.
Over the course of a 4-day Public Inquiry held in October 2016, this case was put to a planning inspector, with Fisher German’s planners providing expert evidence on the merits of the proposal and arguing that it comprised sustainable development of the type sought by national policy. Notwithstanding that the Local Plan Part 1 was adopted only 4 months prior to the Inquiry, the Inspector accepted our case, and on 6 December 2016 issued a decision letter confirming a shortfall in housing land supply, allowing the appeal and granting outline planning consent for up to 34 dwellings.
This demonstrates the rapidly-changing nature of the planning process and highlights that, at a time when Local Plans are being taken forward to adoption by many local planning authorities, timely and well-informed advice on planning matters can continue to identify opportunities and generate significant uplift in land value when planning consent is secured.
Commenting after the decision had been issued, Jon Burgwin of Investin Properties said:
“We are delighted with the outcome of this project, which has been hard-fought throughout the process. The clear, professional advice provided by Fisher German ensured that the overall strategy was always informed by the most up-to-date information on planning policy and case law, and supported by an excellent understanding of matters on the ground in South Derbyshire.”
Working on behalf of both Investin Properties and the landowner, Fisher German will shortly be launching the site to market, with a view to identifying a developer for the site in Spring 2017.
If you have any queries about this project, or wish to discuss any potential opportunities of your own, please contact
Liberty Stones on 07918 628991 or email here
Ben Marshalsay on 07771 974322 or email here
