Success For Planning Appeal at Linton

IPS were pleased to secure planning approval at appeal, for the discharge of conditions at a site in Bartlow Road, Linton for our client Abbey Developments Ltd. This resulted in the discharge of the remaining conditions precedent and thus the commencement of the development on site, earlier in October, had been lawful and the development had legally commenced.

Since the approval of reserved matters on the site under reference S/2501/19/RM on the 15th November 2019, the Applicant and IPS have proactively worked with SCDC to discharge the necessary conditions to enable the commencement of development at this site and the implementation of this permission.

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Two applications to discharge conditions relevant to the outline and reserved matters approval were submitted and validated in December 2019. The June 2020 resubmission of the discharging of the conditions applications then led to a further period of consultation, responses and submissions of revised material and clarification.

The decision to go to appeal followed on from a long and protracted period of submissions, consultations, revisions and re-consultation, withdrawal following a comprehensive re-submission at the behest of SCDC in June 2020.  There had been substantial delays in the decision-making process, despite the proactive approach of the Applicant and IPS, responding to comments from technical consultees. This process was substantiated by comments received from the Parish Council which aimed to frustrate and delay the decision-making process further, with late representations, and further late submissions of evidence.

Image Courtesy of NC Architects

The significance in all of this is that development was required to commence at the site by 15th November 2021 in order to preserve the permission in association with the conditional requirements of the Reserved Matters and Outline consents. SCDC had therefore unjustifiably delayed the commencement of development putting at risk the implementation of this housing scheme which is acknowledged as important to the maintenance of a national policy compliant District housing land supply. The socio-economic harm being caused as a consequence was unjustified as there was substantiated planning basis for the continued stalling of discharging the conditions.

Following the Inspectors’ approval of the non-determination appeal submitted to approve the details of Condition 10 (surface water drainage), all the pre-commencement conditions on the site at Bartlow Road have now been discharged. The development has thus commenced lawfully and the Applicant and our client, Abbey Development is pleased to be continuing construction on the site following a long, protracted and unnecessary delay in of over 2 years.

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