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No5 Chambers QC and barrister provide legal support in planning application call-in

Planning permission was recently granted by the secretary of state following ‘call-in’ on a hybrid planning application of a 465,000ft² retail and leisure scheme in Rushden, Northamptonshire. Ian Dove QC and Hugh Richards from No5 Chambers acted for East Northampton District Council in the matter.

The consent comprises full planning permission for the erection of a home and garden centre, retail units, a drive-through restaurant, a gatehouse, a lakeside visitor centre, restaurants and a boathouse, together with proposals for access and an outline consent for the erection of a hotel, crèche and leisure club, plus removal of ski slope and associated levelling, landscaping, habitat management and improvement works, vehicular access and servicing proposals together with the provision of car and cycle parking and a bus stop.

After objections from neighbouring authorities and town centre owners, and despite a unanimous resolution of the local planning authority, East Northamptonshire District Council, to approve the scheme, the secretary of state called in the application in January 2013.

An experienced inspector, Harold Stephens, held a public local inquiry on 25–28 June, 2–5 July and 9–12 July 2013, following which he produced a report recommending that planning permission should be granted subject to conditions; the secretary of state agreed.

Dove QC and Richards of No5 Chambers provided legal support to East Northamptonshire at the planning committee meeting.

The main issues at the inquiry were: (i) whether the development plan was to be regarded as being up to date and whether the development was ‘sustainable’ for the purposes of the NPPF; (ii) the correct application of the retail ‘sequential’ and ‘impact’ tests in the NPPF; (iii) sustainable transport and accessibility to jobs, leisure facilities and services by public transport, walking and cycling, reducing the need to travel, especially by car; (iv) protected species and biodiversity; (v) other benefits; (vi) the planning balance; and (vii) conditions and planning obligations.

The inspector and the secretary of state agreed that while the application was not in accordance with the NNJCS spatial strategy, it would achieve positive improvements in the quality of the built and natural environment and their quality of life, including maximising enjoyment of the lakes. The inspector also reported that the scheme would assist in meeting ‘The Vision for North Northamptonshire’ by delivering jobs and investment in services and facilities to help make it a ‘more self-sufficient area’. He reported that it would also meet the needs of the growing population to the south of that area, and help in regenerating Rushden.

Overall, the secretary of state concluded that the proposal would accord with a number of development plan policies and objectives, although not all. However, he considered that the key policies and provisions in the adopted development plan are out of date. He also concluded that the benefits of the proposed development are not clearly outweighed by adverse impacts, and that there are no other material considerations that indicate that planning permission should be refused.

The inspector agreed with and adopted a large number of the submissions made by counsel for the LPA. The secretary of state therefore granted full planning permission for the site at Rushden Lakes, subject to the conditions set out in his letter.

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