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Tetlow King Planning Provide Affordable Housing Evidence in Seminal Supreme Court Case

June 19, 2017 12:04 pm Published by

Tetlow King Planning (TKP) Director, James Stacey, provided expert affordable housing evidence on behalf of Richborough Estates in their appeal against Cheshire East Council’s refusal of planning permission for 170 dwellings, (which was subsequently amended to 146 dwellings at appeal) on land north of Moorfields, Wilaston, Crewe.

The appeal was originally heard in 2014 with the Inspector at the time allowing the appeal. However this decision was challenged by Cheshire East Council through the Courts which culminated in the Supreme Court ruling in May 2017 that the National Planning Policy Framework had been accurately and correctly applied. The appeal proposals were subsequently resubmitted and in June 2017 Inspector Vyse allowed the appeal. In addressing the benefits of the appeal proposals the Inspector sets out at paragraph 22 of her report that:

“In providing 30% of the homes on the appeal site as affordable dwellings, the scheme would be policy compliant. In considering whether this can be weighed as a benefit of the scheme, I note that the Council’s SHMA identifies an acute need for affordable housing in the Borough. The provision of affordable housing as part of the appeal scheme would leave the community better off in this regard and thus is a major benefit of the scheme”.

Inspector Vyse concludes that in considering the overall planning balance, the adverse impacts of the scheme would not significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework taken in the round.

A copy of the Inspectors report can be found here and follows on from TKPs expert affordable housing evidence on behalf of Richborough Estates in their successful appeals at Haslington, Sandbach and Davenham in Cheshire and Ludlow in Shropshire.