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Cases

Very Special Circumstances justify Major Residential development in the Green Belt

28.09.2021

Following an Inquiry in August 2021 a proposal for 167 dwellings and associated works on 10.78 hectares of agricultural land has been granted planning permission by a planning inspector at a site south of Heath Lane, Codicote in North Hertfordshire District Council.


Tom Cosgrove QC acted for the successful appellant, Ashill Land Ltd and was instructed by CBRE. The Council had refused the application as it did not consider there existed very special circumstances to justify a grant. It also claimed the proposal was premature and would undermine the plan making process. The case provides a useful example of how appellants can successfully approach issues of prematurity and very special circumstances and secure approval. The appellant was also successful in obtaining an award of costs against the Council in relation to an unreasonable refusal on grounds of prematurity.


Click the links to download copies of the Appeal Decision and Costs Decision dated 28.9.21.