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Nyton Road Inquiry - Planning Permission Secured On Appeal For Large Scale Residential Scheme

In an Appeal Decision issued on the 23rd February 2015, planning permission has been granted for a residential development of 268 houses on 12 hectares of green field land/countryside in West Sussex. It follows an Inquiry which took place in November 2014. Tom Cosgrove appeared on behalf of the appellant, instructed by DMH Stallard.

The case covers in detail several topical issues of interest including the approach to extant and emerging development plan policy in the context of the NPPF and the paragraph 14 presumption in favour of sustainable development; the application of national planning guidance and policy in relation to on and off site flooding and the location of large scale residential proposals and 5 year housing land supply issues.

In light of up to date government guidance, the case illustrates the approach to identifying objectively assessed housing needs, the relevance of historical undersupply, identifying whether an authority has a persistent record of under delivery (5% or 20% buffer), the inclusion of windfalls in calculations and the assessment of deliverability of supply. It also involved detailed consideration relating to the approach to providing sustainable transport provision for large residential proposals, mitigation and compensatory strategies for biodiversity in the context of the Habitats Directive and the approach to infrastructure contributions -in particular - whether financial contributions sought by planning authorities are compliant with CIL regulation tests.