Out-Law News 1 min. read
21 May 2012, 5:10 pm
The Government allowed an appeal to grant permission for two mixed-use towers, which would contain 475 student rooms, brought forward by developer Spiritbond Finsbury Park Ltd and local fine art framers John Jones Ltd. The Council argued it is against its Core Strategy policy, which restricts student accommodation to university campus sites in its area.
The Government Planning Inspector ignored the policy in the London Borough of Islington's Core Strategy planning document that restricts new student accommodation in order to meet the priority need for conventional housing and employment development, the Council said, according to industry magazine EGi.
Planning permission was granted for a six and seven storey development on Morris place in north London, which was planned to include 475 student rooms, 15 residential units and industrial and retail space.
Planning permission was refused by the Council in September 2010 because of the impact the scale of the development would have on the character and appearance of the area; the loss of daylight it would cause to neighbouring properties, and the adverse effect it would have on trees.
Islington's Core Strategy, adopted in February 2011 before the Inspector allowed the appeal, states that additional student accommodation is only supported within the London Metropolitan University Campus area and City University London sites.
In its challenge to the Government's decision, the Council claimed that the Planning Inspector misunderstood its development plan policies, and wrongly found that this was an appropriate site for student accommodation, according to EGi.
The Council also argued that the Planning Inspector did not base his conclusions on evidence, including his conclusion that the development would not be viable with conventional housing in the place of the student accommodation.
The Council claimed that the Inspector gave no adequate reasons for his decision, and left it substantially prejudiced by the grant of permission, said EGi.
The court has been asked to quash the planning permission and order a reconsideration.