Appeal Success: Rural Development.

Back in 2012 we began discussions with a Local Authority regarding re-use of a construction compound adjacent to a new sub-station in a rural location.  Early signs and feedback were as positive as you can get (which wasn't saying much back then) so our client committed to the not insignificant costs of proceeding to a planning application. 

Post-submission, the Council's stance began to change somewhat and they eventually refused permission alleging loss of best and most versatile land, policy preference for the use of previously developed land in its farm diversification policies (rather than "greenfield" land) and cited details approved under planning conditions imposed on the first sub-station scheme which required the compound to be re-instated to agriculture.  In the meantime a planning application for another large sub-station to the other side of the site was submitted (and has since been approved) and part of the site became subject of a Compulsory Purchase Order to serve as access into the second site.

After looking carefully at the refusal, we advised our clients that the only way forward was to appeal. 

We looked at each issue and set out a case responding to each element of the refusal:

• Demonstrating in the first instance that the conditions the Council thought required the land to be re-instated  to agriculture, never in fact related to the appeal site (rather land nearby) and so couldn't be enforced thereon. The land could only voluntarily be re-instated to agriculture;
• That there would be no harm to the character or appearance of the locality given the scale and impact of a substation on one or both sides of the appeal site;
• Quantifying economic benefits to tourism and the wider farm holding which would occur and;
• The proposal met with the rural economy policies in the development plan in any event. 

We are delighted that the Inspectorate has this week allowed the appeal.

We don't often blog about appeals as, lets be honest, they can be a little dry.  However we find this one interesting.  Not least because it shows the absolute importance and skills of a Chartered Town Planner in drilling down to research and understand the status of the land, the applicability and effect of planning conditions as drafted (or in this case how they were ineffective) and their impact on future decisions. 

The LPA thought the condition affected the appeal site (and we understand why they might have wanted it to) but it was, as the inspector said "misplaced" in its view that future treatment of the land was controlled by the condition.  The Council may have overlooked that important detail, but we didn't and from that point on its case was undermined.

Secondly, its yet another example where weight is given to quantified economic benefits in the wider consideration of schemes. In this case the sum was perhaps equivalent to a recently qualified planning officers salary. 

PGL