Ian Dove QC succeeds in appeal: Mixed-use development is granted at Baggeridge Brickworks

Wed, 05 Dec 2012

Ian Dove QC, instructed by Wardell Armstrong, successfully appealed against the decision of South Staffordshire Council to refuse mixed-use development at the Baggeridge Brickworks site in Sedgley, DY3 4AA. On 30th November 2012 the Inspector published his decision allowing outline planning permission for development of the site which is to include a craft village, housing, a nursing home, and major open space and landscaping. 
The main issues included the effect of the proposals on the Green Belt and the appropriateness of the location for this form of development having regard to sustainability, housing need, and both urban and rural renaissance.
The historical use of the site as a sizeable brickworks, which is now defunct, was considered relevant along with the Lawful Development Certificate confirming the ability to continue a Class B2 use.
The Inspector concluded having regard to Green Belt policy in relation to major developed sites in the Green Belt that this development was appropriate development in the Green Belt. The Inspector agreed with the Appellants that redevelopment of the site would bring benefits to openness and the character and appearance of the area. The Inspector was also mindful of giving due weight to the NPPF in that the development proposed will further the three dimensions of sustainable development. In weighing up the considerations, the benefits were said to outweigh the risks of undermining the aims of policies on urban and rural renaissance.

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