Four appeals allowed and costs awarded in Functionally Linked Land cases
Four planning appeals concerning residential and employment development at Brick Kiln Road in North Northamptonshire have been allowed, with costs awarded to the successful appellants in all four cases.
The decisions, issued on 22 September 2026 following a hearing in April, address the approach to ‘Functionally Linked Land’ (FLL) when carrying out an Appropriate Assessment under the Habitats Regulations.
Tom Cosgrove KC acted for the successful appellants, instructed by Mark Flood of Insight Town Planning in the four appeals, which concerned proposals including up to 86 homes, a further residential development of up to 21 dwellings, and an extension to an existing industrial estate.
A key issue in Appeals A and D (see below) was whether land outside the boundaries of a European protected site should be treated as FLL because of its importance to qualifying species. Despite objections from Natural England, the appellants successfully argued that the evidence did not support the objection and that their assessment was robust and legally sufficient.
The decisions provide a useful examination of how FLL should be identified and assessed, including the evidence required to establish whether land outside a protected site is critical or necessary to the ecological or behavioural functions of a qualifying species.
The appellants were also awarded costs in all four appeals. The costs decisions arose from the Council’s failure to provide full disclosure of documents during the appeal process and findings that it had acted unreasonably during that process.
The appeals
- APP/M2840/W/25/3366989 Appeal A – residential development of up to 86 dwellings (including 27 affordable units), vehicular access, and landscaping
- APP/M2840/W/25/3364729 Appeal B – Reserved matters: Appearance, landscaping, layout, and scale pursuant to application 20/00347/OUT Residential development for up to 21 Dwellings and Access (All matters reserved except Access).
- APP/M2840/W/25/3364730 Appeal C – Reserved Matters: Appearance, landscaping, layout, and scale pursuant to application 20/00347/OUT Residential development for up to 21 Dwellings and Access (All matters reserved except Access).
- APP/M2840/W/25/3366988 Appeal D – Proposed mixed use employment development (extension of existing industrial estate), external works, landscaping and improvements to existing access
Tom Cosgrove KC is one of the country’s foremost planning and public law silks, and is ranked in Band 1 for planning by Chambers UK Bar. Learn more about his work here.
