Christopher Young QC success for Barratt David Wilson in Housing Appeal

Fri, 07 Jan 2022

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.”

Click here to view the full appeal decision

Click here to view the Costs decision

Related articles

As prison lawyers will be well aware, the number of cases in which the Secretary of State for Justice (“SSJ”) refused recommendations by the Parole Board for a prisoner’s transfer to open conditions has increased dramatically over the last 12 months...

Date: Mon, 22 May 2023
Mark Bradshaw has been appointed as a Recorder on the advice of the Lord Chancellor, The Right Honourable Alex Chalk KC...

Date: Mon, 22 May 2023
No5 Barristers’ Chambers is delighted to welcome Robert Levy KC to the Business and Property Group....

Date: Tue, 11 Apr 2023