April 2024

Aspect Ecology contributes to success at appeal: full costs award highlights the need for positive engagement by LPAs

Following an inquiry in February, the Planning Inspectorate has allowed an appeal against the non-determination by the local planning authority (LPA) of an application for a mixed-use development, including 540 dwellings, on an allocated site in Oxfordshire. Costs were awarded against both Oxfordshire County Council, in relation to highways and education related matters it was found to have pursued unreasonably, and in relation to the LPA, in relation to the remainder of the appeal costs.

𝖠𝗌𝗉𝖾𝖼𝗍 𝖤𝖼𝗈𝗅𝗈𝗀𝗒 𝗂𝗌 𝖽𝖾𝗅𝗂𝗀𝗁𝗍𝖾𝖽 𝗍𝗈 𝗁𝖺𝗏𝖾 𝖼𝗈𝗇𝗍𝗋𝗂𝖻𝗎𝗍𝖾𝖽 𝗍𝗈 𝗍𝗁𝖾 𝗌𝗎𝖼𝖼𝖾𝗌𝗌 𝗈𝖿 𝗍𝗁𝗂𝗌 𝗉𝗋𝗈𝗃𝖾𝖼𝗍 𝗐𝗂𝗍𝗁 𝖾𝗏𝗂𝖽𝖾𝗇𝖼𝖾 𝗉𝗋𝗈𝗏𝗂𝖽𝖾𝖽 𝖻𝗒 Alistair Baxter, 𝖲𝖾𝗇𝗂𝗈𝗋 𝖣𝗂𝗋𝖾𝖼𝗍𝗈𝗋, 𝗂𝗇 𝗋𝖾𝗌𝗉𝖾𝖼𝗍 𝗈𝖿 𝖡𝗂𝗈𝖽𝗂𝗏𝖾𝗋𝗌𝗂𝗍𝗒 𝗆𝖺𝗍𝗍𝖾𝗋𝗌. 𝖮𝗇𝗅𝗒 𝗐𝗂𝗍𝗁 𝗍𝗁𝖾 𝖺𝗉𝗉𝖾𝖺𝗅 𝗅𝗈𝗈𝗆𝗂𝗇𝗀 𝖽𝗂𝖽 𝗍𝗁𝖾 𝖢𝗈𝗎𝗇𝖼𝗂𝗅 𝖿𝗂𝗇𝖺𝗅𝗅𝗒 𝖾𝗇𝗀𝖺𝗀𝖾 𝗐𝗂𝗍𝗁 𝗍𝗁𝖾 𝖺𝗉𝗉𝗅𝗂𝖼𝖺𝗇𝗍 𝖺𝗇𝖽 𝖠𝗅𝗂𝗌𝗍𝖺𝗂𝗋 𝗐𝖺𝗌 𝖺𝖻𝗅𝖾 𝗍𝗈 𝖺𝗀𝗋𝖾𝖾 𝖾𝖼𝗈𝗅𝗈𝗀𝗒 𝗆𝖺𝗍𝗍𝖾𝗋𝗌 with the LPA. 𝖳𝗁𝗂𝗌 𝗁𝗈𝗐𝖾𝗏𝖾𝗋 𝗐𝖺𝗌 𝗋𝗂𝗀𝗁𝗍𝗅𝗒 𝗌𝖾𝖾𝗇 𝖺𝗌 𝖿𝖺𝗋 𝗍𝗈𝗈 𝗅𝖺𝗍𝖾 𝖻𝗒 𝗍𝗁𝖾 𝖯𝗅𝖺𝗇𝗇𝗂𝗇𝗀 𝖨𝗇𝗌𝗉𝖾𝖼𝗍𝗈𝗋.

This project serves as an important case study for LPAs who should take note that a failure to engage in a constructive approach, in a timely manner, will be met with penalties. Government policy set out in the National Planning Policy Framework (NPPF:2023) at paragraph 38 requires that:

“Local planning authorities should approach decisions on proposed development in a positive and creative way” and that “Decision-makers at every level should seek to approve applications for sustainable development where possible”

Yet many authorities we engage with appear to have overlooked this paragraph. This is all the more lamentable when allocated sites such as the one in this case study, are delayed in planning for years, further increasing the national housing crisis* and denying people much needed homes.

* The housing shortage isn’t a looming crisis, a distant threat that will become a problem if we fail to act. We’re already living in it. Fixing our broken housing market 2017. White paper setting out the government’s plans to reform the housing market and boost the supply of new homes in England.

Further details can be found here.

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