Joanna Averley, Chief Planner for the Department of Levelling Up, Housing & Communities (S9 E2)

Decisions of the Week:

• Decision of the Court of Appeal in R(oaf Blacker) v Chelmsford City Council [2023] EWCA Civ 25 dated 17^th January 2023 dismissing an appeal against the decision of Mrs Justice Thornton who declined to quash a decision granting outline planning permission for housing on a part PDL /greenfield site in Roxwell. First resolution minded to grant but at a second meeting the decision was to refuse. Issues of inconsistency raised.
  
• A Minded to Grant Decision made on behalf of the Secretary of State dated 19^th January 2023 giving the applicant, the Ministry of Justice, time to provide further evidence to address highway issues identified by the inspector, recommending refusal of the appeal against the dismissal by Chorley Borough Council of a hybrid application for a new prison on land adjacent to HMP Garth & HMP Wymott, Leyland, Lancashire in the Green Belt.
  
• Decision of an inspector dated 9^th January 2023 allowing an appeal by Ainscough Strategic Land against the decision of West Oxfordshire DC to refuse an outline application for up to 120 dwellings on greenfield land at Witney Road, Ducklington. Land said to be in a gap between Ducklington and Witney, impact on landscape character and setting of conservation area, no 5 yr HLS. NPPF 202 exercise engaged.
  
• Decision of an inspector dated 18^th January 2023 dismissing an appeal by Senior Living (Freelands) Ltd against the decision of West Oxfordshire DC to refuse an outline application for up to 160 C2 extra care units & retention of veterinary practice in Coach House on a 4.3 ha site in the grounds of Freeland House, a NDHA and itself in use as a Care Home.

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