Page 5 - The Catesby Times 2020

New Homes Set For Allestree
Catesby has successfully completed the sale of a residential development site in Allestree, Derbyshire to Miller Homes. Fisher German acted for the landowner in the sale of the site.
Amber Valley Borough Council resolved to grant consent for the Reserved Matters application for 400 new homes including 120 affordable homes, on the 48 acre site known as The Oaks, off Kedleston Road in October 2019.
David Morris, Planning & Operations Director at Catesby Estates said, “We have been working on delivering new homes for the area since 2014, which was delayed due to the ongoing legal challenge by the local action group Kedleston Voice, who had their claims rejected by both the Court of Appeal and the Supreme Court.”
“The housing crisis in the UK is well recognised, with the government looking to deliver more homes. Unfortunately, this site is a prime example of how difficult and lengthy the process of new home delivery can be, despite being located in a sustainable area where there is a recognised shortage of housing, particularly affordable homes.”
This was the second land site Miller Homes had taken from us in the last 18 months. They are now well advanced with development at our Myton Green site in Warwick.
A planning application for 400 homes was submitted in 2014, which was subsequently refused by Amber Valley Borough Council in July 2015.
Following an appeal by Catesby, the proposals were subsequently granted planning permission by the Planning Inspector in August 2016, following a two week public inquiry.
A legal challenge against the decision by local action group Kedleston Voice found in favour of the group and overturned the Planning Inspectors decision, stating the Inspector had adopted an unlawfully narrow approach to the setting of heritage assets.
Inspectors Appeal Decision On NPPF Para 74 Quashed
Catesby have been successful in bringing a claim for statutory review seeking to quash the decision to dismiss its appeal for a residential development of up to 90 dwellings in Harrold, Bedfordshire.
In consenting to judgement, the Secretary of State accepted that the Inspector did not sufficiently grapple with the detailed arguments raised by Catesby on five year housing land supply and importantly misinterpreted paragraph 74 of the NPPF 2019.
The appeal decision was quashed on 2nd July 2020, and the judgment will be of interest to all those working with NPPF paragraph 74.
A principal important issue in the appeal was whether the Council would be able to demonstrate a 5 Year Housing Land Supply (‘5YHLS’) upon the adoption of the then-emerging (and now adopted) Bedford Borough Local Plan.
The Inspector identified that Bedford BC would be able to demonstrate a 5YHLS once the Local Plan was adopted because of the operation of paragraph 74 of the NPPF 2019. He recommended that permission be dismissed.
In July 2018, the Court of Appeal reinstated the planning permission. The 3 Lord Justices did not agree with this conclusion in the High Court and allowed the appeal, confirming that the Planning Inspector’s “... approach cannot be faulted, and his conclusions were well within the limits of lawful planning judgment.”
In March 2019 they were refused permission to have their case heard in the Supreme Court as the submission did not raise an arguable point of law. Following this a Reserved Matters application was submitted in June 2019.
www.catesbyestates.co.uk
5