Residential development — Phasing of proposed housing development — Whether objections could be addressed by way of planning conditions — Whether land should be rationed — Whether failure to take into account structure plan — Inspector concluding that land to be retained as undeveloped land for possible longer term development needs — Immediate benefits found to be insufficient — Inspector’s conclusions accepted by Secretary of State — Application to quash refused
The applicants applied for residential development to the local planning authority for land at Franklands Drive, Addlestone, Surrey. The inspector stated that the main issue was whether the site should be allowed to be developed for residential purposes taking full account of all the immediate benefits or whether it should be retained as undeveloped land to meet possible longer term development needs, at least as far as the draft local plan was concerned. The local authority contended that there were other more suitable housing sites, presently available and after 1996, to meet the approved structure plan housing provision figures; that too much land was already coming forward before that date with the inevitable over-provision of dwellings as a result; and that granting permission would lead to further pressure on the green belt. The benefits of the scheme applied, inter alia, to the playing fields and affordable homes provision. He concluded that the permanence and integrity of the green belt in the medium to long term was of overriding weight as an objection to the release of the site at present and would impair the integrity of emerging and approved local planning policies. Those were crucial to the safeguarding the green belt. The applicants applied to quash the decision.
Held The application was refused.
1. The whole basis of the phasing policy would be seriously undermined and planning policies would lose credibility and certainty if the decision were quashed.
2. The inspector did not misapply or misconstrue the local plans, nor did he take into account irrelevant considerations.
3. He had carefully carried out a balancing exercise and exercised his planning judgment accordingly.
Roy Vandermeer QC and Robert Fookes (instructed by Berwin Leighton) appeared for the applicant; Alice Robinson (instructed by the Treasury Solicitor) appeared for the Secretary of State for the Environment; Michael Druce (instructed by the solicitor to Runnymede Borough Council) appeared for the local planning authority.
