Controversial housing proposal on allocated site dismissed on appeal due to heritage harm with a costs award made against the appellant

11 May 2022

Planning and Environment

Land at Ash Manor, Ash Green Road, Ash, Guildford, GU12 6HH

Guildford Borough Council have successfully defended at appeal a members decision to refuse planning permission for 73 dwellings on an allocated housing site. The appeal brought by Bewley Homes was dismissed after a high profile planning inquiry which took place over January to March 2022. The Council successfully argued that the heritage harm that would be caused to a number of nationally important designated heritage assets outweighed the benefits that the scheme would bring.

Facing an application for costs by the appellant the Council also successfully defended the position and counterargued that the making of the costs application against it was itself unreasonable. On that basis, the Council succeeded in being awarded a partial costs award against the appellant.

Tom Cosgrove QC and Robert Williams acted on behalf of the Council. A copy of the appeal and costs decisions can be found here and here.

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