A retired air-traffic controller must wait to hear whether he can proceed with his challenge to a decision refusing him permission to build two semi-detached houses in the village of Hursley.
Leonard Nelthorpe-Cowne, of Malwood Road West, Hythe, Southampton, had initially been refused planning permission for the development by Winchester City Council. At a subsequent inquiry, his appeal was dismissed by an inspector, who gave “full weight” to the area’s local plan that was intended to control development only until 2001.
Nelthorpe-Cowne challenged the inspector’s decision in the High Court, arguing that the local plan had expired and was therefore of no effect. He also argued that his application for planning permission should have been granted on the basis that the proposed development site had been occupied by two cottages for more than a century. He claimed that replacing these structures with modern dwellings would form an integral part of the village’s original housing.
However Richards J dismissed his challenge, ruling that the inspector had been entitled to treat the local plan as extant even though it was expressed as being intended to control development only until 2001.
Nelthorpe-Cowne is now seeking permission to appeal against that ruling. In the Court of Appeal yesterday, Dyson LJ adjourned the application for permission to appeal in order to give the Secretary of State an opportunity to challenge the application.
The court was told that, since the High Court hearing, evidence had come to light that the planning authority had decided to extend the local plan to 2006. This, it was argued, was not a course that was open to the council as a matter of law; they would first have to obtain the Secretary of State’s consent.
Dyson LJ said that it there was a possibility that the challenge could succeed if permission to appeal were granted. But before giving such permission, the judge wanted to hear submissions from the Secretary of State in the light of the new material.
Nelthorpe-Cowne and another (t/a T&D Developments) v First Secretary of State Court of Appeal (Dyson LJ) 25 March 2003.
References: PLS News 26/3/03
