Appeal for 233 houses allowed with a full award of costs for BDW.

The appeal concerned a Reserved Matters application for housing on the edge of Melton Mowbray in Leicestershire. The Council refused the scheme after BDW had spent several years trying to get  the details approved. BDW’s scheme was entirely consistent with the design principles set out in masterplan for the outline planning permission. The professional officers of the council had twice recommended the scheme be approved by councillors. But the local councillors seemed determined to refuse the scheme no matter what amendments were made.

Inspector Ben Plenty also granted BDW’s costs application remarking: “there is sometimes a fine line between on the one hand seeking to facilitate a high standard of development and on the other maintaining unreasonable expectations. In this case, I have found that Council’s conduct overall to have frustrated the process.”