Smith Jenkins Ltd have obtained planning permission on behalf of our private clients for 14 residential units in the village of Lavendon at appeal. The appeal was allowed and an award of costs made against the Council.
Milton Keynes Council Development Control Committee refused planning permission for the scheme contrary to officer recommendation on the basis that the site was in the open countryside. Smith Jenkins lodged an appeal against the decision on the basis that while the site was in the open countryside, it was well related to the settlement and contained a large area of previously developed land, where the majority of the development was concentrated. We argued that regardless of whether Milton Keynes Council could demonstrate a 5 year housing land supply, the fact that it was previously developed and delivered benefits to the wider area meant that general presumption against development in a countryside location could be overcome.
The Inspector agreed with our approach. Specifically in respect of the issue of 5 year housing land supply, the Inspector states:
“Interested parties have raised the issue that the Council can currently demonstrate a 5 year supply of deliverable housing sites. As a result, there is no need to provide additional houses. Moreover, the policies within the development [plan] remain up-to-date. The fact that a Council can demonstrate a 5 year supply of deliverable housing is not in itself a reason to restrict more housing developments. Moreover, the Framework places an emphasis at paragraph 47 that to boost significantly the supply of housing, local planning authorities should identify a supply of specific, developable sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15.”
In respect of Paragraph 55, the Inspector also agreed that development in this location would help support facilities in the village and in Olney.
Our clients are delighted with the outcome.
Please contact Jennifer Smith or Sam Dix for more information.