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25/11/2021

Permission for 39 homes granted on appeal quashed by High Court

Words: Laura Edgar
Small housing development / iStock: 172246561

The High Court has quashed a decision by a planning inspector to allow a developer to build 39 homes near Clitheroe owing to a misunderstanding of policy.

Developer Oakmere Homes (NW) Limited sought to build on land near Clitheroe. Alongside the homes, plans featured landscaping, associated works and an access route from the junction of Chatburn Road and Pimlico Link Road.

Had the council determined the application, it said the planning committee would have rejected it for being in an unsuitable location. The core strategy seeks to protect the open countryside from development.

Policy DMG2 is intended to support the core strategy's DS1, which sets out that development proposals in principal settlements such as Clitheroe should “consolidate, expand or round-off development so that it is closely related to the main built-up areas”. Development should be in keeping with the existing settlement.

Inspector Graeme Robbie allowed the appeal against the council’s failure to give notice of a decision within the prescribed period. He also concluded that the development would consolidate development in a manner closely related to the main built-up area of Clitheroe.

In the case, Ribble Valley Borough Council maintained that the inspector had erred in law, deciding that he had misinterpreted local planning policy set out in the area's core strategy.

Judge Bird considered the planning inspector’s decision to be “firmly rooted in a misunderstanding of the policy and so must be quashed”.

The full decision can be found here.

Image credit | iStock

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