No5 Chambers

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Ian Dove QC and Nina Pindham of No5 retain planning permission in Exeter

Ian Dove QC and Nina Pindham have helped Dart Properties to successfully retain its planning permission for land at Seabrook Orchards as Dukeminster’s appeal against this permission is dismissed.

Dart Properties was granted planning permission in October 2013 to develop up to 700 dwellings and other buildings within the area. The claimant, Dukeminster, sought to challenge the decision made by Exeter City Council to grant this permission to Dart properties.

However, Dukeminster’s permission to appeal was refused on papers in February 2014 and again at a hearing on 10 March 2014.

The claimant brought the appeal because it owns 90 per cent of a private link road within proximity of the appeal site and its permission is required for any connections into or the use of the link road. It objected to Dart Properties’ application on the basis of the effect that development traffic would have on the highway network, particularly at the link road junction.

The claimant divided the main grounds of argument into three areas: (i) the Highway Authority erred in law in making a finding that the development proposal was acceptable; (ii) the planning committee took into account the Traffic Assessment, but that assessment contained material errors; and (iii) condition 35 misled the planning committee into believing that the road Dart was required to construct to the site boundary north of the school would link up to a road that Persimmon was required to construct on its land as part of its planning permission, such that traffic would be able to pass from the Dart site to the Persimmon development.

At the appeal hearing, Mr Justice Hickinbottom considered the grounds put forward by the claimant, but concluded that the grounds focused on were not arguable. Thus the appeal was dismissed and Dart Properties, represented by No5, was successful in retaining planning permission.

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