Secretary of State allows two appeals against Cherwell District Council

Tue, 01 Oct 2013

QC and barrister from No5 Chambers secure victory for their clients

The Secretary of State yesterday allowed two appeals against Cherwell District Council, handing victory to Jeremy Cahill QC of No5 Chambers for his client, Barwood Strategic Land II LLP, and to Peter Goatley of No5 Chambers for his client, Gladman Developments Ltd.

Both appeals were recovered for determination by the Secretary of State on 9 May 2013, and the Inspector in each appeal was John Wilde C.Eng MICE.  Central to the success of each appeal was the Council’s inability to demonstrate an adequate 5 year housing land supply.

Jeremy Cahill QC appealed under Section 78 of the Town and Country Planning Act against Cherwell District Council which had failed to give notice within the prescribed period of its decision relating to Barwood Strategic Land II LLP’s outline application of 20 January 2012 for a development of up to 145 homes on ground east of Bloxham Road, Banbury. The Secretary of State granted outline planning permission for the residential scheme for the greenfield site which he believed represented sustainable development and made a “significant contribution towards addressing the undersupply of housing in the District”.

Peter Goatley appealed against Cherwell District Council’s refusal in June 2012 to grant outline planning permission to his client, Gladman Developments, under Section 78 of the Town and Country Planning Act 1990.  Gladman Developments sought to build up to 75 homes with associated access, landscaping and highway improvements on land off Barford Road, Bloxham, The scheme allowed for 35% affordable housing which would be “pepper-potted” across the site. 

The application was originally refused on grounds including that the site - an agricultural field east of Barford Road and south of Bloxham - lay outside a development boundary.  The Secretary of State, however, agreed with the Inspector, again deciding that the scheme would significantly address the shortage of housing, including affordable housing, in the District.

Jeremy Cahill QC had been instructed by Bird Wilford and Sale on behalf of Barwood Strategic Land II LLP; appeal ref:  APP/C3105/A/12/2178521.  Peter Goatley had been instructed by Gladman Developments Ltd; appeal ref: APP/C3105/A/13/2189890. 

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 domination of the Midlands’ circuit 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”. Peter Goatley is recognised by the Chambers UK Directory for his “sound legal mind” and for being “a good tactician” who is “very effective in cross examination”.

Please click here for further information about the Planning and Environment Group

Please click here to view the profiles of Jeremy Cahill QC and Peter Goatley

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