Image from Summix Capital, credit: https://summix.com/projects - Land at Browns Lane
This appeal relates to a strategically located site that enables the opportunity to meet the affordable housing needs of two authorities simultaneously.
The main lessons again for a site are clear:
- Location; accessible and sustainable near existing facilities and services. This remains a key hurdle to clear in any case.
- Going beyond the numbers expected in a 'broad development location' was not enough to conclude the undermining of the spatial strategy.
- Locational policy conflict need not be determinative of an appeal. (DL 17-41)
There was a significant debate about coalescence and impact on character and appearance, as well as heritage impacts. Rather than struggle with this, the site moves built development far from the nearest settlement boundary, keeping 58% of the site as public open space.
- Spatial and visual perception of coalescence does not mean there is unacceptable harm. Suitable detailed design proposals can help make it acceptable and mitigated. (DL 42-61)
Affordable housing: local policy expects 40% - the scheme offers 100%.
- The current need undeniable. The delivery and supply woeful.
- Registered Provider Platform Housing Group on board and giving evidence.
- The Council argued this would not lead to a 'mixed and balanced' community. The Inspector's conclusion:
"There is no substantive evidence, despite the face value policy tension, to show that the absence of market housing will mean that the development will not in practice lead to a mixed and balanced community that encourages social cohesion and inclusion and reduce inequalities..." (DL 62-91)
The Planning Balance section is worth a read for its approach to the whole case clearly and comprehensively. (DL115-131).
The appeal decision may be accessed here.
Hashi Mohamed acted for the appellant.