Council Challenge against Housing Development Quashed
Jay Ashall Partnership are pleased to announce success at the High Court over a planning application and appeal for a residential development where a 5-year housing land supply is in place.
The ruling was made on 19th June 2018 in favour of the Planning Inspectorate against Cheshire East Council. The course of events was as follows:
- A planning application for 10no. houses was submitted.
- The Case Officer did not determine the application in the required time and for a considerable time after the determination date.
- A planning appeal was therefore submitted for non-determination.
- The planning appeal took over a year to be determined by the Planning Inspectorate due to the Brereton Neighbourhood Plan, the Holmes Chapel Neighbourhood Plan and the Cheshire East Local Plan coming into effect along with Housing Land Supplies.
- The planning appeal was allowed by the Planning Inspectorate.
- The Council challenged the planning appeal decision and took the decision to Court as they didn't agree with the Planning Inspector's consideration of material provided.
- The initial Court hearing was thrown out without merit.
- Cheshire East Council applied to the High Court and were given the opportunity for their case to be heard.
- The High Court considered the challenge and dismissed the Council appeal to quash the planning approval, thereby allowing the planning appeal decision to stand and planning permission to be granted for the 10 houses.
We are pleased to see that the High Court decision has been featured in this week’s Planning Resource magazine: https://www.planningresource.co.uk/article/1487465/court-supports-inspectors-professional-judgement