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On 9 August 2022, Inspector McCoy dismissed Weston Homes Plc’s appeal against Uttlesford District Council’s refusal of permission for a mixed-use development in Takeley, which comprises 188 New Homes (40% of them affordable), 3,568 Sqm of flexible employment space, a 1ha extension to the local primary school site, long-term management, extension and enhancement to Prior’s Wood ancient woodland, new formal and informal open space provision, new cycleway and pedestrian links and provision of permissive walking routes. The Inspector held that the proposed development would give rise to significant harm to local landscape character and visual amenity and less than substantial harm to 11 designated assets. Despite lack of a five-year housing land supply and the designation of UDC under s.62A of the TCPA 1990 (which relates to the Council’s performance in determining major planning applications), he concluded that the proposal was in conflict with the development plan as a whole and that the public benefits of the proposal would not outweigh the heritage harm such that a clear reason for refusal arose under NPPF 202. However, he held that the proposal would not give rise to harm or deterioration to nearby ancient woodland (despite proposing development within the 15m buffer zone recommended by Natural England) and made a partial award of costs against UDC in respect of the way in which they addressed the relevant reason for refusal. James Maurici QC and Joel Semakula appeared for the Appellant, Weston Homes Plc. Paul Brown QC and Kimberley Ziya appeared for Uttlesford District Council. Matthew Dale-Harris appeared for the Rule 6 Party, Takeley Parish Council. The appeal decision may be found here. The cost decision may be found here.
