Prior to our involvement with this site a proposal had been submitted for the erection of 6-apartments on site. However an Inspector had refused an appeal for the scheme noting that the development was acceptable in principle but that certain aspects of the proposal were not suited to the site. Following this refusal the clients Architects had lodged an amended scheme which sought to address these objections. However after consideration of the proposal the Council once again refused planning permission.
We were then engaged by the clients, and having considered the submitted scheme and the previous appeal we advised that an appeal should be lodged against the Councils decision. We argued that the amended scheme had entirely addressed the previous Inspector’s concerns, with an improved design and landscaping, and that local concerns over land stability were misplaced. Having considered these arguments and the appeal decision the Inspector considered that the proposal was entirely acceptable and granted permission. An award of costs was also made against the Council for our clients, as we were able to demonstrate to the Inspector that the Council had acted unreasonably in refusing the application despite the fact that it had addressed the previous Inspector’s concerns.