In this case the developers, ‘Barwood Strategic Land’, wanted to build 150 homes on 15.8 acres of green land which was not identified for development in the Local Plan, arguing that the development was sustainable.
The plan was originally rejected by the borough council because the land was not identified for development in its Local Plan, which acts as a blueprint for development in the area, including where homes and industry should be built. But then in April last year, an independent government planning inspector overturned the council’s ruling, effectively giving Barwood the permission they needed. Following this, the council challenged the inspector’s decision in the High Court and the planning permission was subsequently overturned.
Now, continuing the tale, Barwood have tried to appeal that decision, but three of the country’s most senior judges, sitting at the Court of Appeal, have upheld the council’s decision to refuse the plan.
Lord Justice Lindblom noted that the council had a five-year supply of housing land and that the development conflicted with three Local Plan policies which discouraged further extension of Burton into the countryside. He also determined that in granting consent, the inspector had mis-applied the National Planning Policy Framework, stating that the inspector’s error went to the heart of his decision and the planning permission had to be quashed.
Councillor Jacqui Jones, deputy leader for planning at the borough council, said: “This has been a long struggle to uphold our Local Plan. We worked hard to develop and adopt a Local Plan and appropriate local planning policies, we spent time and money to make sure that we consulted and listened to residents throughout the borough and we continue to maintain a five-year land supply. This Local Plan should be the basis for planning for our borough going forward and I’m absolutely delighted that the decision made by the council’s planning committee has been upheld by the Court of Appeal.”
For more details see http://www.burtonmail.co.uk/news/burton-news/delight-court-appeal-throws-out-169164