Tue, 27 Apr 2021
Peter Goatley QC and Christian Hawley have succeeded in obtaining planning permission for up to 373 dwellings together with strategic landscaping and other infrastructure in Torbay.
The Council had resisted the grant of permission, in particular, by reason of its perceived adverse impact upon the setting of the nearby South Devon AONB and its conflict with policies of the neighbourhood plan.
In granting permission, the Inspector noted not only the absence of a five year housing land supply but also even a three year housing land supply. The Inspector also acknowledged a series of benefits including the provision of market and affordable housing, a new primary school and local employment, all of which attracted significant weight.
Whilst there would be limited harm to the setting of the AONB, this would not represent a clear reason for refusal. The tilted balance was engaged and was not disapplied (by reason of the neighbourhood plan) due to the application of paragraph 14 of the NPPF.
A copy of the decision can be found here.