Jeremy Cahill QC and Paul Cairnes successfully appeal a decision by North Devon Council

Mon, 08 Jul 2013

Jeremy Cahill QC and Paul Cairnes have successfully appealed a decision by North Devon Council to refuse planning permission for a residential development of 277 dwellings with associated public open space, affordable housing, recreational facilities, landscaping and access at the former Fremington Army Camp, Devon. The decision was released on 2nd July 2013. The appeal proposals had been fiercely resisted by the Council and a local Action Group (ACSAG) on a number of grounds. These included alleged impact upon heritage assets and highway safety concerns. The Council was unable to demonstrate a 5 year housing land supply. Following a 6 day inquiry Inspector David Wildsmith concluded that there were a number of clear public benefits that would accrue from the appeal proposals, not least the contribution that the proposals would make towards the Council’s 5 year housing land supply. Other clear benefits included the re-use of a previously developed site in a sustainable location, good accessibility linkages and the enhancement of ecological habitat. Inspector Wildsmith assessed the extensive technical evidence produced at the inquiry and concluded that the appeal proposal would provide safe and suitable access arrangements for all users, and accordingly would comply with the relevant requirements of Local Plan and with the relevant aspects of the Framework. He considered that the public benefits of the proposed development would clearly outweigh the small amount of harm which would arise to heritage assets, and that the proposal as a whole would accord with the economic, social and environmental dimensions of sustainable development. He concluded that there were no adverse impacts of sufficient weight as to significantly and demonstrably outweigh the benefits of the proposal, nor were there any specific policies in the Framework which indicated that development should be restricted. 
 
Jeremy Cahill QC and Paul Cairnes were instructed by Alder King, Bristol. Jeremy Cahill, QC is head of the Planning and Environment Group at No5 Chambers.  This set offers a national planning service and is home to “some of the finest barristers in the country”, according to Chambers UK 2011.  Chambers explains that No5's planning team is founded upon “a specialist team that can act on any planning issue that comes its way”. 
 
The Chambers UK Directory notes that Jeremy Cahill QC has “a huge following thanks to his advocacy skills and brilliant understanding of the planning system”.
 
Paul Cairnes is recommended in Legal 500 as ‘very able and very knowledgeable on planning matters’ and “…part of No5 Chambers exceptional planning and environmental law team.”
 
Anyone wishing to know more about No5 Chambers’ Planning and Environment Group should visit http://www.no5.com/areas-of-expertise/planning-environment-law/ or telephone 0845 210 5555.

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