After the first week of hearings the Inspectors suspended the examination citing serious concerns on legal compliance and soundness. Further explanation will be published in the next few weeks.
Following an unsuccessful appeal in 2019 Lightwood are revising the scheme to address the reasons for refusal. A revised layout for up to 80 units will be submitted by March 2020
Following an Inspector’s letter in June 2018 the North Essex Authorities undertook additional technical work to attempt satisfy his soundness concerns. Accompanied by Luke Wilcox of Landmark Chambers Lightwood attended the second phase of examination hearings and argued that critical soundness concerns had not been overcome.
Following Lightwood’s successful application for a detached two storey building for use as B1 (office), a revised application seeking to convert its use to residential was unanimously supported by Elmbridge Planning Committee. Construction has already begun on the 1500ft² property, which benefits from a 300ft long garden, and is expected to be completed and on the market in the Autumn.
Lightwood has submitted an application for two 4,000ft² luxury homes to the rear of an existing property with an excessively large garden on the Fairmile Estate in Cobham. The precedent of back land development has already been established along Fairmile Lane and therefore the scheme is not out of character with its surroundings.
The Inspectors to the West of England Joint Spatial Strategy published there second detailed post hearings letter, advising the West of England authorities that failings could not be corrected at examination (which had already been suspended to allow further work). The JSP is now being withdrawn and new plan-making process will begin based on higher housing need figures.
Following an Inspector’s letter in June 2018 the North Essex Authorities undertook additional technical work to attempt satisfy his soundness concerns. Lightwood submitted detailed representations of objection on several document including; Additional Sustainability Appraisal, Housing Need, Employment Land, Rapid Transit System, Road Infrastructure Funding and Viability.
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.
