The Planning Inspectorate has awarded partial costs to Stratford-on-Avon District Council following the withdrawal of a planning appeal by Rockspring Barwood Southam Ltd.
The appeal was due against a planning decision by Stratford-on-Avon District Council in October 2017 to build up to 175 homes at land to the south of Welsh Road West, Southam.
The application was refused on 13 October 2017 on four grounds, one of which was that the site fell outside of the Built-Up Area Boundary of Southam.
The main issue of the appeal was the District Council being able to demonstrate a 5 year housing land supply. At the time the appeal was made the District Council could demonstrate a housing land supply of 6.67 years. The District Council then published a revised position in August 2018, maintaining its 5 year housing land supply by demonstrating an updated figure of 6.26 years.
The revised position, together with the evidence that under-pinned it, prompted the appellants to withdraw their appeal in October 2018.
The Inspector concluded that: 'The appellants clearly considered that they had sufficient grounds to challenge the Council's reasons for refusal including the Council's claimed position regarding their 5YHLS when the appeal was made.
'The appeal was withdrawn on 9 October 2018 nearly 10 weeks after the Council had provided (on 3 August 2018) the appellants with their latest 5YHLS position for the period 2018-23. While the Secretary of State understands that the appellants would need some time to reassess their position on appeal in the light of the Council's updated housing land supply evidence, he considers that a period of nearly 10 weeks is overly excessive.
'The Council would have incurred quantifiable wasted expense in preparing to contest the appeal as a result of the appellants delay in withdrawing the appeal following the publication of the Council's latest housing land supply evidence on 3 August 2018. To this limited extent, the Secretary of State considers that the appellants acted unreasonably with the result that the Council incurred wasted or unnecessary expense. The view is taken that a partial award of costs should be made from 31 August 2018 (inclusive).'
The outline planning application (ref 17/01254/OUT) at land to the south of Welsh Road West, Southam to build up to 175 homes was refused on 13 October 2017.
The District Council refused the outline planning application on the following grounds:
- The application site lies outside the built-up area boundary of Southam and is not an allocated site, nor is it identified for development in the emerging neighbourhood plan. Policy AS.10 establishes that, within the rural part of the District, residential development should be limited to small-scale schemes located within the physical confines of a settlement. As the proposed development does not meet these considerations, it is contrary to the development strategy envisaged in Policies CS.15, AS.7 and AS.10 of the Stratford-on-Avon Core Strategy (2011-2031). No material considerations indicate a different approach, as established through section 38(6) of the Planning and Compulsory Purchase Act 2004.
- The application site is located on agricultural fields to the western outskirts of the town of Southam. The proposed development by reason of its size and position would result in harm to the visual and landscape character of the immediate surrounding rural area and is therefore contrary to Policies CS.5, CS9, CS.15, AS.7 and AS.10 of the Stratford-on-Avon Core Strategy (2011-2031).
- Insufficient information has been submitted with the application to allow a comprehensive assessment of the highways safety impact of the proposed development and, therefore, the development is considered to be contrary to Policy CS.26 of the Stratford-on-Avon Core Strategy (2011-2031) and Policy LUT5 of the Warwickshire Local Transport Plan (LTP3) 2011-2026.
- Proposals are required to put in place suitable arrangements to improve infrastructure, services and community facilities to mitigate the impact of development and integrate it with the existing community. The various financial contributions required to mitigate the impacts of the proposed development, including affordable housing, health, transport, libraries and education, have not been secured by way of a completed S.106 Planning Obligation and, therefore, the proposal is considered to be contrary to Policies CS.18, CS.25, CS.26 and CS.27 of the Stratford-on-Avon Core Strategy (2011-2031).
The Planning Inspectorate, appointed by the Secretary of State for Communities and Local Government was Mr Steve Parsons.
