High Court grants application by council to quash planning decision
The High Court has agreed to quash a planning decision after Plymouth City Council conceded it was necessary to include a condition ensuring affordable housing on a development site in perpetuity.
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The Labour-run council received a pre-action protocol letter from lawyers representing Frank Hartkopf last year over its decision to approve five new houses on a community green named Wilmot Gardens.
The council conceded to one of the grounds of challenge, which concerned affordable housing conditions.
Following this, Plymouth’s Cabinet Member for Strategic Planning and Transport, Cllr Mark Coker, applied to the High Court for a quashing order.
The council confirmed the High Court's decision to quash the application in a statement on Monday (12 May), which said: "Following the Planning Committee granting permission for the application, the council accepted the contention that it was necessary to include an appropriate condition to ensure the provision of affordable housing in perpetuity.
It added: "At the time of the application, planning officers did not consider it was necessary to include the condition because the number of units proposed fell below the policy threshold for affordable housing and was secured by a land transfer agreement.
"However, after further detailed consideration of the planning and legal issues raised, an application was made to the courts for permission to quash the decision and to bring the planning application back before the Planning Committee, with the appropriate condition to secure the affordable housing in planning terms."
The local authority, as the Defendant, received the sealed court order on Thursday (8 May), which set out that a judge had given permission for the judicial review to be granted and had further consented to the quashing of the planning decision as requested in the claimant's application.
Plymouth said its planning department determines more than 1,400 planning applications every year, adding: "While the department makes every effort to deal with every application efficiently, proportionately and in accordance with all relevant legislation, policy and guidance, the planning system is increasingly complex."
Adam Carey
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