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01/10/2015

Appeals round-up: Clark supports refusal of Wakefield wind turbines plan; Cheetah enclosure rejected in Cumbria

A round-up of appeal decisions: 26 September-2 October, 2015

Clark supports refusal of Wakefield wind turbines plan

Secretary Greg Clark has supported an inspector’s rejection of a development of two wind turbines in Wakefield on grounds that it would harm the openness of the green belt, and that planning impacts identified by local communities had not been addressed. Clark gave consideration to his Written Ministerial Statement of 18 June 2015, which seeks to give local residents the last say on wind power developments. Inspector Clive Nield noted that the main issue for Kirklees Council in its initial refusal was the impact of the development on the visual amenity of the area.

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Cheetah enclosure rejected in Cumbria

Inspector Gloria McFarlane has rejected an appeal for a cheetah enclosure at an existing wildlife park in Ayside, Cumbria, after the owners were found to be in breach of planning control by erecting it. The inspector cited the main issues of the Lake District National Park Authority to be the effect of the development on the character and appearance of the area. McFarlane noted that development in this area must be guided by the Lake District Landscape Character Assessment and that the “highest level of protection will be given to the landscape”.

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Clark backs Milton Keynes homes development

Secretary Greg Clark has supported the granting of planning permission for 53 homes in Woburn Sands, Milton Keynes, against the decision of Milton Keynes Council.The appeal, submitted by Frosts Family LLP, was brought before the secretary of state as it involved a residential development of more than 10 units in an area where a qualifying body has submitted a neighbourhood plan proposal to the local planning authority.

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Mixed-use development approved for Brixton area

Developer Lexadon Property Group has been granted planning permission for a mixed-use development of 10 commercial units and eight residential units in Brixton Hill, against the decision of Lambeth Council. The scheme had previously been rejected upon appeal because of the “material harm” of the development’s design coupled with the “serious shortcomings in terms of the safety and convenience of users, living conditions and servicing”. The current appeal was submitted following the council’s failure to issue a decision within the statutory time limit.

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Flurry of rejections for single wind turbines

Seven applications for single wind turbines were rejected yesterday (28 September 2015) on grounds ranging from the effects on the openness of the green belt to the impact on the visual amenity of local listed buildings. Applications were refused for sites in Lancashire, Yorkshire, Cumbria, Suffolk, Oxfordshire and Buckinghamshire. All reporting inspectors gave additional weight to secretary Greg Clark’s Written Ministerial Statement (WMS) of 18 June 2015, which outlined new considerations for proposed wind energy developments.

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London hotel rejected because of negative effects on listed pub

Planning permission for an 84-bedroom hotel near London City Airport has been refused because of its “interaction with the public realm” and general effect on the character of the area would be harmful. Inspector Michael Boniface noted that the “unashamedly modern” design of the hotel was intended to act in “visual contrast” to the adjacent Grade II listed building, the Fox@Connaught public house. The inspector agreed with Newham London Borough Council that the design in fact “failed to respect the detailed design features of the public house” and would not add anything to the area in terms of “architectural flair or contemporary design quality”.

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Norfolk mobile home park extension approved

Lifestyle Living Group has been granted permission to extend an existing mobile home park to include 54 new homes, against the decision of Breckland District Council. Inspector K Child approved the development in Watton, Norfolk, despite council concerns over the proposal’s contribution to affordable housing and effect on highway safety. Child noted that the site is in open countryside and as such is in an area where housing development is normally strictly controlled, in accordance with the council’s Core Strategy. But the inspector acknowledged the council’s agreement that a five-year supply of deliverable housing sites could not be demonstrated, adding weight to the proposal’s case.

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