Christopher Young and Hashi Mohamed successfully defend large scale scheme permission

Wed, 05 Apr 2017

Christopher Young, leading Hashi Mohamed, appeared before Mr Justice Dove to defend Newcastle City Council’s recently adopted masterplan and two important planning permissions.

The Claimant, Persimmon Homes, a rival developer to two Interested Parties, sought to attack two planning consents, and an important Council document setting out the strategy for the next two decades, including on traffic and congestion. Acting on behalf of Bellway Homes, Chris Young and Hashi Mohamed sought to ensure that the permission pursuant to which 600 dwellings was to be built remained intact (East Middle Callerton, EMC). The other planning permission granted to Commercial Estates Group for 500 homes (West Middle Callerton WMC), a primary school and retail facilities was similarly upheld.

On the key Council document, the Masterplan, Mr Justice Dove stated at paragraph 47;

"In short, I am satisfied that the Masterplan provided that which policies CS3 and NN1 required. The Masterplan provides for a comprehensive, phased and coordinated approach to site development and sets out when and in relation to which phase the infrastructrure necessary for the whole of the Neighbourhood Growth Area should be provided. Both of these policies called for a Masterplan to be prepared, and preparing the Masterplan as a piece of informal planning policy was undoubtedly consistent with the requirements and expectations of both of those policies.”

On the two planning consents, Mr Justice Dove concluded, inter alia, at paragraph 58;

"For all these reasons I am unable to accept that there was any error of law in the consideration of the planning applications for EMC and WMC by the defendant."

To read the judgement, please click here.

Christopher Young recently topped the junior’s category in the Planning Law Survey 2017, and simialrly topped the Residential Category.

Hashi Mohamed was highly rated in the juniors under 35 category in the Planning Law Survey 2017.

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