NPPF's 'presumption' paves way for two successful housing appeals

Linden Homes was successful in its appeal to build the second phase of a residential scheme at Wherry's Yard, Lincolnshire, which proposed the building of 46 new homes. Lakeland Leisure won its appeal and can build 221 new homes in Cumbria.

A Planning Inspector allowed Linden Homes' appeal and said that, judged against the NPPF, the proposed development would meet the objectives of the framework in respect of the provision of housing.

In deciding Linden Homes' appeal, the Inspector found that South Keveston District Council's Local Plan must be considered out of date because the Council could not demonstrate a five year supply of land for housing, as required by the NPPF.

"In this situation, the proposal should be considered in the context of the presumption in favour of sustainable development," the Inspector's decision letter said.

The second phase of Linden Homes' proposed development includes an extension of 46 new homes to an existing cul-de-sac, including the provision of 35% of the dwellings as affordable housing.

"There are no adverse impacts that would outweigh the benefits when assessed against the Framework taken as a whole and there are no other policies that indicate that the development should be restricted," the Inspector said.

In a separate case, a Planning Inspector allowed Lakeland Leisure's appeal  for 221 new homes in Cumbria.

"Noting that Local Plan housing policies are out-of-date and the importance given to the provision of housing in the Framework, this is a matter which weighs significantly in favour of the appeal scheme," the Inspector said.

The Inspector dismissed a claim by the Council that it would be 'premature' to allow the development to go ahead before the Council has published its Core Strategy. "The Local Development Framework (LDF) has not even reached draft stage, so there is no plan to be undermined," the Inspector said.

"The need for housing, and in particular affordable housing, weighs heavily in favour of the scheme. I am not persuaded that there is justification to resist this proposal on the grounds of prematurity," the Inspector concluded.