Professor Steve Ormerod, Deputy Chair of Natural Resources Wales and Vice President of the RSPB (S8 E6)

Decisions of the Week:

• Decision of High Court in R (oaf Hardcastle) v Buckingham Council & BDW Trading Ltd [2022] EWHC 2905 (Admin) dated 16^th November 2022 dismissing a challenge to the grant of outline planning permission for residential development on a site abutting Maids Moreton where the Claimant contended the application should have been taken back to committee applying the Kides principle, breach of legitimate expectation, exceedance of delegated authority & an error in EIA screening.
  
• Decision of an inspector dated 24th November 2022 dismissing an appeal by CG Fry & Son against the non-determination by Somerset West & Taunton Council of the discharge of conditions on a phased housing development based on the absence of an Appropriate Assessment under the Habs Regs 2017 & the application of NPPF 181. The appeal site lies in the Somerset Levels & Moors SPA & Ramsar Site where the interest features are considered to be unfavourable and at risk of eutrophication caused by excessive phosphates.
  
• Decision of an inspector dated 23rd November 2022 dismissing an appeal by Miller Homes Ltd & Bargate Homes Ltd against the non-determination by Fareham Borough Council, of an application for outline planning permssion for up to 375 dwellings on for four field parcels lying in the Strategic Gap between Fareham and Stubbington. Issues at inquiry focused on the impact of the proposal on the character and appearance of the area and consistency with the adopted strategy for the location of new housing. Site had been in Reg 18 of emerging local plan but attracted 500 objections. Other appeals decisions considered. No 5 yr HLS.
  
• Decision of an inspector dated 22 November 2022 dismissing an appeal by Christchurch Land & Estates (Melton) Ltd against the refusal of East Suffolk Council, of an application for an 80 bedroom C2 home and 72 assisted care bungalows. Issues around suitability of location having regard to its location in the countryside and access to services and facilities, the need for specialist accommodation, effect on the character and appearance of the area & the suitability of the accommodation given its initial lack of 1 bed units in the face of the Council’s SHMA assessment.

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