Paul Cairnes represented the only successful appellant in Devon ‘super inquiry’.
In January and February of this year Inspector Jessica Graham held a public local inquiry into 3 conjoined appeals (comprising 4 potential schemes) against the refusal of planning permission for residential development schemes in Feniton, Devon.
Dubbed by the BBC as a ‘super inquiry’ all of the appeal schemes were highly contentious locally and raised nationally significant issues relating to the NPPF and sustainability. Paul Cairnes promoted a scheme for Feniton Park Limited, whilst the other appeal schemes were promoted by Strategic Land Partnership and Wainhomes. The issues revolved around the housing land supply for East Devon District Council, the sustainability credentials of the schemes, Localism, heritage impact and visual impact.
Inspector Graham concluded that the Feniton Park Ltd scheme “ought to be permitted because, far from the adverse impacts significantly and demonstrably outweighing the benefits, the benefits would clearly outweigh the harm.” She reached a contrary conclusion in respect of the other schemes. Of particular significance is the approach that Inspector took to the William Davis case and the presumption in favour of sustainable development.
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