Planning & Development Associates (PDA) has successfully overturned a previous planning refusal for a proposed development in Beckenham, Kent, on behalf of London & Quadrant Housing Trust. The scheme comprises 9 x one bedroom, 32 x two bedroom and 3 x three bedroom flats, with accompanying 41 car parking spaces as well as bicycle parking and landscaping provision.
It was a notable result considering the application had been previously refused on the grounds that the proposed development represented an overdevelopment of the site. PDA was also successful in gaining a partial costs award against the Council on the basis that the Council behaved unreasonably in failing to substantiate two of the reasons for opposing the appeal and placing undue reliance on third party representations.
The decision was notable from a policy perspective, with the Planning Inspector highlighting that the NPPF reaffirms the statutory requirement for planning applications and appeals to be determined in accordance with the local development plan unless material considerations indicate otherwise. Reference was therefore made to local development plans in the decision since the NPPF confirms that such development plans adopted after 2004 continue to merit weight, even where there may be limited conflict with the NPPF
Alan Gunne-Jones, Practice Principal, commented:
PDA wins landmark appeal & costs award
"This represents a significant decision given the planning committee refused permission against officer recommendation and in response to third party objections. It acts as a note of caution to planning committees who may be inclined to object to their officers’ recommendation that they still need to find valid planning reasons to support their case.”
27 July 2012
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