Insightful and considered planning

maximising project value and minimising risk

27 Affordable Homes allowed on Appeal

Full planning permission was refused in October 2023 for a 27 no. affordable housing scheme in Matlock, Derbyshire Dales. Hourigan Planning submitted an appeal to the Planning Inspectorate on behalf of Bowsall Developments Ltd, working alongside John Barrett of Kings Chambers in Manchester.

Following a Hearing at the end of July 2024, the Inspector agreed with Hourigan Planning’s case and allowed the Appeal on 09 September 2024. The appeal site comprised part of a larger site which was allocated for housing and the Council refused the scheme last year for a number of reasons, but principally arguing that the entire allocated site should come forward as a whole. The Inspector disagreed.  Hourigan Planning’s case was that there was nothing in the Development Plan which indicated that the site should be developed as one. Moreover, the Inspector agreed that the appeal scheme had been designed so that it would not have an unacceptable impact on the character and appearance of the area.

The Inspector also agreed there was not enough evidence from the Council to support their case that there was a need for the County Council’s request for an education contribution. Plus, the Inspector awarded partial costs to the Appellant, agreeing that that the Council had acted unreasonably in relation to that matter.

Beverley Moss, Associate Director of Hourigan Planning said: ‘We couldn’t be more pleased to have secured this planning permission for our client and their partner emh Group. This permission means that 27 no. affordable homes will get delivered in a part of the country where the need for such homes is acute. We were really confident the scheme represented good planning right from the start, and it is such a shame that our client had to take it to an appeal. But we got there in the end; the Inspector’s decision is clear and concise. The partial award of costs is also a reminder to Local Planning Authorities that they need to be able to fully justify their requests for financial contributions.’

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