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High Court Boosts Plans for 114 New Homes

Published: 22 April 2015, in categories: Legal Updates | Residential Property Updates | News and Updates

High Court Boosts Plans for 114 New Homes

In a case which involved a very modern clash between the pressing need for more new homes and the right of existing residents to enjoy reasonable peace and quiet, the High Court has boosted plans for a substantial residential development.

Local planners had refused consent for construction of 114 new homes on a greenfield site solely on grounds that the extra traffic generated would cause unacceptable levels of noise and disturbance to those who lived nearby. The would-be developer’s challenge to that decision was later rejected by a government planning inspector.

In upholding the developer’s appeal, however, the Court noted that the proposals would bring a number of clear benefits, including the provision of 40 per cent affordable housing units, recreational open space and a financial contribution from the developer to educational and transport facilities in the area.

There was no dispute that the proposals were acceptable in principle and that the relevant site was in a sustainable location. In focusing on traffic congestion and noise, the inspector had failed to grapple with the broader issue of whether the scheme nevertheless accorded with local planning policies.

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