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Major mixed use proposal refused on employment land despite lack of housing supply

29.03.2018

Appeal Ref: APP/C3620/W/17/3177732
ERA Site, Cleeve Road, Leatherhead KT22 7SA.

In an appeal decision dated the 28.3.18 an Inspector has dismissed an appeal by Allois Properties Leatherhead Limited against the decision of Mole Valley District Council to refuse planning permission.

The Council had refused a proposed redevelopment of an allocated employment site for a major mixed-use commercial and residential proposal despite the absence of a five year supply of housing.

The inquiry considered complex evidence relating noise, housing supply, design, employment land supply and viability in the context of national and local plan policy. In particular, it considered the relationship between paragraph 22 NPPF and development plan policy and the need for marketing as well as viability in demonstrating a case for development. The inquiry also considered the latest noise guidance and policy and addressed key aspects of design and amenity guidance in the context of up to date policy.

The Inspector held that the proposal conflicted with development plan and national policy and had not suitably addressed key issues relating to design, noise, amenity, viability and employment land supply. Even in the context of applying the weighted balance in paragraph 14 of the NPPF the appeal was refused.

A copy of the decision can be found here. Tom Cosgrove QC acted for the planning authority in successfully resisting the appeal.