The Planning Inspectorate has sided with Lightwood and allowed its appeal against the decision of Brighton & Hove City Council (BHCC) to refuse the application for 45 dwellings at land south of Ovingdean Road.
In reaching her decision the Inspector, Lesley Coffey, considered all the evidence submitted and concluded that the site was urban fringe in character and the proposal would not harm the landscape character and appearance of the surrounding area, or the setting of the South Downs National Park (SDNP). Whilst she accepted that there would be limited harm to the ecology and biodiversity of the site, this was not deemed substantial enough to outweigh the considerable benefits the site offered.
Most significantly, Lightwood submitted during the appeal a correction to the supply figures within the Strategic Housing Land Availability Assessment (SHLAA). Based on the amended figures, BHCC was only able to demonstrate a very marginal five year housing land supply, with a surplus of just 4 dwellings and a number of other questionable sites included within the figures. This view was supported by the Inspector who concluded that the Council was unable to demonstrate a 5 year supply of housing land and the precise extent of the shortfall would be at least 200 dwellings, but probably greater.
Further to the additional hearing session conducted on 9th May in relation to the North Essex Authorities’ (NEA’s) Section 1 Plan, the Inspector has today issued his comments and advice on its soundness and legal compliance.
Whilst the Inspector was satisfied that the NEA’s had met their duty to co-operate and that the steps taken to remediate the “regrettable error” (of their failure to register Lightwood’s duly made representations) had not prejudiced Lightwood, he did concur with Lightwood’s argument that the Sustainability Appraisal was not undertaken objectively or transparently and is therefore unsound. As a result, the Section 1 Plan cannot be adopted.
In order to make it sound and legally compliant the Inspector has suggested that either the Garden Communities proposals are removed from the Plan at this stage, the NEA’s carry out further work on the evidence base and Sustainability Appraisal or withdraw the Plan entirely and resubmit with the necessary revisions.
Read the Inspector’s letter
In light of the North Essex Authorities (NEA’s) failure to register Lightwood’s duly made representations, and their subsequent absence from the opening week of the Examination hearings, the Inspector invited Lightwood to submit statements to and attend an additional session, together with all the invitees to the original Matter 1 hearing session.
Lightwood, again represented by Christopher Boyle QC, contested that the Section 1 Plan was unsound and not legally compliant on the basis that the NEA’s had failed to meet the Duty to Cooperate, Lightwood and other parties were prejudiced by the error made by the NEA’s and that the Sustainability Appraisal was deficient and inaccurate.
Lightwood’s public inquiry relating to its application for 45 units at land south of Ovingdean Road sat for 4 days from 24 April 2018 and closed on 27 April with an accompanied site visit later in the day.
In the absence of Brighton & Hove City Council defending its decision, the appeal was defended by the Deans Preservation Group (DPG) who had been afforded Rule 6 Party status. Whilst the application was originally refused by Brighton & Hove Council for four reasons, the DPG chose not to defend two of them and concentrated their case on the impact of the proposal on the character and appearance of the area, and the ecology and biodiversity of the site, supported by relevant consultants.
Lightwood was represented by Christopher Boyle QC.
North Dorset District Council Planning Committee have resolved to grant consent for Lightwood’s application for 60 dwellings on land at Thornhill Road, Stalbridge.
Lightwood has been actively promoting the land at Stalbridge through planning policy since 2014, working collaboratively with officers, members, town councillors and residents. Identified as a sustainable area for growth, Stalbridge became victim to a number of speculative applications which accelerated the submission of Lightwood’s applications at Barrow Hill (98 units) and Thornhill Road (60 units) so as to be heard at the same committee.
Despite both Lightwood applications being recommended for approval, the proposals at Barrow Hill were refused by the committee but will be appealed.
Brighton & Hove’s Planning Committee has decided not to defend its decision at appeal to refuse Lightwood’s planning application for 45 homes on land south of Ovingdean Road.
The discussion on 7th February included legal advice relating to a live appeal so had to be held in a confidential session.
Councillors were recommended to withdraw two of the four reasons for refusal and to then consider the resulting planning balance of the appealed proposal. Weighing up the planning benefits the scheme would bring against the remaining reasons for refusal they agreed that the Local Planning Authority should no longer defend the planning appeal.
Lightwood will be pursuing an application for the full award of costs.
Lightwood, represented by Christopher Boyle QC, attended the Examination of the Braintree, Colchester and Tendring Local Plans to challenge the soundness of the proposed shared spatial strategy for North Essex and its evidence base.
Whilst already subject to a number of soundness and legal compliance issues, the local authorities failed in their duty to submit the representations made by Lightwood to the Regulation 19 Local Plan to the Planning Inspectorate. As a result Lightwood was not invited to the Examination and was only able to attend the second week.
Consequently there will be a re-running of the Matter 1 hearing session to enable the Inspector to hear Lightwood’s evidence. However the question as to whether this ‘cures’ the failings of Braintree District Council to comply with the Duty to Co-operate, the requirements of the Sustainability Appraisal and the legislative requirements in the preparation and submission of the Section 1 Plan remains.
Located on a prominent plot at the junction of two roads to the east of Cold Ash in Thatcham, the site comprises 6 detached units which have been carefully designed to respond to the varying levels across the site.
Following extensive dialogue and pre application meetings with West Berkshire District Council, the scheme was modified to accommodate concerns over scale and massing and highway safety to the satisfaction of the case officer.
Lightwood’s entire land interest at Murrell Green has been included in the ‘area of search’ for a new settlement in Hart’s Submission Local Plan which goes out to publication consultation on 9th February 2018 for a six week period.
Hart DC recognise that the risk of not planning now for a longer term approach is there will be a gap in housing supply making the Council vulnerable to future planning applications as well as limiting the ability to plan for longer term larger infrastructure needs.
Whilst a change from that presented in the draft Local Plan, the amended strategy will allow Hart DC time to undertake further work in respect of a longer-term strategy for meeting future housing needs, including full and proper consideration of the location of a new settlement and its broader implications.
The new settlement proposal will then be taken forward through a stand-alone Development Plan Document (DPD) which would be started on adoption of the Local Plan: Strategy and Sites.
Despite being located in a Conservation Area, the Surrey Hills Area of Outstanding Natural Beauty (AONB) and within the Green Belt, Lightwood has secured an officer delegated planning permission for a large detached family home in Compton, Guildford.
The enviable position in the centre of this charming village, is well positioned for Guildford and Godalming, is close to the A3 to London and the south coast and is only 45 minutes to London on the train from Farncombe.
