Housebuilder Taylor Wimpey has been given the green light for a 55-dwelling development near Leeds after defeating a legal challenge from the local planning authority.
Leeds City Council has long been opposed to the development on land south of Pool Road, Wharfedale, Leeds.
The council rejected Taylor Wimpey’s initial application for planning permission and opposed the plans at a planning inquiry last year, citing concerns such as road safety and the protected area of the land.
Specifically, the council argued that the development should be rejected because three hectares of the development were part of an 11-hectare “protected area” stipulated for temporary development only, until its long-term future had been decided.
However, the planning inspector who heard the inquiry ruled in favour of the development in June.
At the inquiry the inspector ruled that on balance the project was “sustainable development that largely accords with the development plan”. In addition, the council only had a 4.42-year supply of housing land, which weighed in favour of development.
The council appealed the case to the High Court earlier this month arguing that the planning inspector had misapplied local planning policy by failing to take proper account of the protected nature of the land.
However, the High Court judge hearing the case ruled that the planning inspector was entitled to back the development, and rejected the council’s appeal.
Leeds City Council v Secretary of State for Housing, Communities and Local Government
Queens Bench sitting at Leeds (Kerr J) 13 March 2019
Juan Lopez (instructed by Legal Services, Leeds City Council) for the claimant
Robert Williams (instructed by Government Legal Dept) for the first defendant
Charles Banner (instructed by Walker Morris LLP) for the interested party
