Matthew Spry, Senior Director at Lichfields (S7 E7)

Decisions of the Week:

• R (oao Wyatt v Fareham Borough Council & Others [2022] EWCA Civ 983 a decision of the Court of Appeal dated 15th July 2022 dismissing an appeal against the decision of Mr Justice Jay dismissing a claim for JR of the decision to grant outline permission for C3 development raising issues about the lawfulness of the AA conducted under Reg 63 of the Habitat Regs 2017 applying Natural England’s Technical Guidance Note for the Solent Region.
   
• Decision of an inspector dated 12^th July 2022 allowing an appeal by Healey Development Solutions (Barnet House) Ltd against the refusal by the London Borough of Barnet for the redevelopment of the site comprising a vacant 12 storey 1960s office block for to 260 homes & 709 sqm of Class E development because of the alleged impact on the character and appearance of the area, due to height, scale, massing & density of the proposal.
  
• Decision of an inspector dated 11^th July 2022 dismissing an appeal against the refusal of Bournemouth Christchurch & Poole Council for the demolition of a hotel and its redevelopment for a mixed use scheme of 5 buildings sited in the Town Centre, in a Conservation Area.
  
• Decision of an inspector dated 8^th July 2022 allowing appeals by Alexpo Ltd & Network Rail Infrastructure for planning permission, against the decisions of Elmbridge Borough Council to 1) refuse permission for the redevelopment of the former Jolly Boatman site at Hampton Court Station for 97 homes & a hotel with Class E retail units, station interchange & car parking and 2) temporary car park use for a period not exceeding two years. Issues around heritage impacts on multiple DHA including Hampton Court Palace & the quantum of AH, & the South Western Railway Act 1913.

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