Success for Jenny Wigley in appeal for 150 houses on greenfield land notwithstanding a 5 year land supply

In a decision published on 1 August 2013, Jenny Wigley was successful in representing David Wilson Homes in an appeal against Blaby District Council’s decision to refuse residential planning permission under section 78 of the Town and Country Planning Act 1990.

The appeal was allowed and outline planning permission was granted for up to 150 dwellings on a greenfield site on the edge of the village of Whetstone, Leicestershire.  The appeal site is outside the settlement of Whetstone and currently forms part of the surrounding open countryside.

The decision is of particular interest to developers because the appeal was granted notwithstanding a finding that the local planning authority could demonstrate a 5 year supply of housing land.  The grant was also made against the background of a recently adopted Core Strategy and notwithstanding the fact that the appeal proposal would bring the number of houses built or committed in Whetstone to more than 100 over the identified minimum requirement for that settlement in the Core Strategy, in fact exceeding that target by around 30%. 

In light of the Government’s objective in the NPPF to significantly boost the supply of housing, the Inspector accepted the argument that the benefits that the proposal would provide in terms of additional housing in a sustainable location outweighed the need to retain countryside.   

The full decision can be downloaded below.

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