Overview
Aitchison Raffety acted for an Appellant in a successful second appeal scheme at Cogenhoe in West Northamptonshire for two self-build plots, which lay outside of the village settlement boundary by circa 250m. This overcame a previously dismissed appeal and an unsuccessful Judicial Review challenge.
The site was an infill opportunity with neighbouring properties on either side and was within a 5 minute walk to facilities and services in the village. It was opposed by the Planning Authority for not directly adjoining the settlement boundary of the village.
Our approach
Well in advance of the planning committee, an updated Freedom of Information (FOI) request was made to ascertain what evidence of self-build permissions the Council were relying upon to meet identified needs on their self-build register. This was important as there is a legislative duty to have regard to the register for decision taking purposes, though sadly a response was not received before members of the planning committee made a decision based on information provided by their officers.
On appeal the fresh Inspector addressed the issue of the earlier Judicial Review, finding that not only was the street connecting to the village ‘illuminated’ but that it was adequately lit. The Inspector also recognised the importance of making a Freedom of Information request to the Council in order to interrogate and test their figures, with the Inspector having agreed that there was a shortage in self-build plots available for those on the register interested in building their own home.
A Section 106 agreement prepared by Aardvark Planning Law ensured that the two plots would be secured for self-build occupation, whilst also providing financial mitigation to the Special Protection Area (which was an issue in the earlier application and appeal due to cross boundary issues and the Council’s failure to engage with Natural England as a statutory consultee).
Outcome
Despite the previous appeal decision, and the High Court decision being material considerations, the Inspector allowed the appeal, finding that other considerations needed to be taken into account and that they justified permission being granted.
Scope of professional services included:
- Detailed pre-application enquiries,
- Landscape and Visual Impact Assessment,
- Full planning application;
- Freedom of Information request;
- Written Appeal and Appeal Hearing; and Witness Statement to the High Court.
Get in touch
For further information or to discuss your project contact Andrew Gray in our Planning and Development team via email on andrew.gray@argroup.co.uk or call on 01604 979467