Sue Bridge FRTPI, President of the Royal Town Planning Institute for 2023 (S9 E4)

Decisions of the Week

• Decision of the Court of Appeal in R (oaf Kinnersley) v Maidstone Borough Council [2023] EWCA Civ 172 dated 22nd February allowing an appeal against the decision of HHJ Waldon-Smith who had dismissed a claim for JR of a decision to grant planning permission on a brownfield site based on the true meaning of the word site in Policy DM5.
  
• Decision of High Court in R (oao Bentley Pauncefoot PC) v Redditch BC & Bromsgrove DC [2023] EWHC 456 dated 2^nd March 2023 dismissing a challenge to a decision to grant a hybrid permission for a residential led mixed use scheme for 2560 homes on an allocated site straddling the two LPAs area based on allegations that the committee was misled as to details of highway impacts.
  
• Decision of an inspector dated 22 February on land at Stratford Road, Shirley, dismissing an appeal, against the refusal of Solihull Metropolitan BC to grant permission, for a residential mixed-use scheme of 111 C3 units plus 84 bed C2 Care Home, gym, salon & restaurant rising to 6 storeys, on a pdl recommended for approval in context of shortfall in HLS.
  
• Decision of an inspector dates 22 February allowing an appeal against the decision of Trafford Metropolitan BC to refuse outline permission for up to 116 C3 units on land in the Green Belt which was found to be at odds with local plan spatial strategy. VSC demonstrated.

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