Tetlow King Town Planning and Development Consultants

Full Costs Awarded to Appellant

Stephen Hinsley provided expert evidence in respect of a proposal for 10 flats in Streatham, South London. The main issues at the two day Inquiry were design, harm to residential amenity and affordable housing. Although the proposed development for 10 units was above the Council’s threshold where affordable housing is sought, no affordable housing was proposed as such a provision would make the development unviable. This stance was supported by technical evidence provided by consultants Right Site. The Council took its own economic viability advice which agreed with the appellant’s advisor’s assessment. Nevertheless, the Council went against its own officers’ and consultant’s advice and refused the proposal for lack of Affordable Housing. Shortly before the Inquiry the Council withdrew this reason for refusal, but not before detailed evidence had been prepared by the appellants. The Inspector considered that there was no adequate justification for the Council taking a decision contrary to its own advisor’s advice, and as such the Inspector stated that, “It was therefore unreasonable of the Council to reach the decision that affordable housing should be provided”.

With regard to the design reason for refusal the Inspector considered that the Council’s evidence lacked substance and conviction. He concluded that the Council acted unreasonably, “without sufficient planning grounds” and failed to substantiate its decision. His view was reinforced by the fact that a virtually identical scheme had been accepted only a few months earlier.

The Inspector’s final conclusion was that, “…the appeal should not have been necessary at all”.

Counsel for the appellant’s was James Pereira of Francis Taylor Buildings, instructed by solicitors, Taylor Wessing.

If you would like further details of this or any other cases please telephone us on 0117 956 1916 or e-mail all@tetlow-king.co.uk.

27/06/08

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Tetlow King Planning is a leading planning and development consultancy advising a wide range of public and private sector organisations nationwide. The company was founded in 1985 as a separate entity within the Tetlow King Group, which dates back to 1977.

Our involvement in the planning process is extremely varied, ranging from influencing strategic policy at the national and regional levels through to promoting small scale development proposals at the local level.

We are experienced in planning for all types of development, with particular specialisms in housing and advertising.

We have a strong mix of clients including investors, landowners, developers, housing associations, local authorities, government organisations, professional bodies, trade bodies, research and educational institutions and community groups.

We understand the social, economic, political and environmental context in which the planning system operates and seek to work in co-operation with planning authorities.

Our main objectives are to enable sustainable development and deliver high quality planning solutions.

We seek to provide imaginative, viable and effective advice to each of our diverse clients. We work across the public and private sectors, avoiding conflicts of interest.

All Directors are Chartered Town Planners and we are bound by the regulations of the Royal Town Planning Institute and the Royal Institution of Chartered Surveyors. We aim to provide a professional and personal service.

We are accredited by Constructionline and the Planning Advisory Service; which are widely recognised benchmarks of quality.

We can collaborate with our associated companies within the informal Tetlow King Group to create an overall multi-disciplinary package encompassing architectural, urban design, building surveying, landscape, environmental and engineering services beyond our core planning discipline. More often than not, however, we work in tandem with a variety of other specialist consultants at the discretion of the client.