QC and barrister from No5 Chambers secure victory for their clients
The secretary of state has allowed two appeals against Cherwell District Council, handing victory to Jeremy Cahill QC of No5 Chambers for his client Barwood Strategic Land II and to barrister Peter Goatley of No5 Chambers for his client Gladman Developments.
Both appeals were recovered for determination by the secretary of state on 9 May 2013, and the inspector in each appeal was John Wilde C.Eng MICE. Central to the success of each appeal was the council’s inability to demonstrate an adequate five-year housing land supply.
Cahill QC appealed under Section 78 of the Town and Country Planning Act against Cherwell District Council, which had failed to give notice within the prescribed period of its decision relating to Barwood Strategic Land II’s outline application of 20 January 2012 for a development of up to 145 homes on ground east of Bloxham Road, Banbury.
The secretary of state granted outline planning permission for the residential scheme for the greenfield site, which he believed represented sustainable development and made a ‘significant contribution towards addressing the undersupply of housing in the district’.
Goatley appealed against Cherwell District Council’s refusal in June 2012 to grant outline planning permission to his client Gladman Developments, under Section 78 of the Town and Country Planning Act 1990. Gladman Developments sought to build up to 75 homes with associated access, landscaping and highway improvements on land off Barford Road, Bloxham. The scheme allowed for 35 per cent affordable housing, which would be ‘pepper-potted’ across the site.
The application was originally refused on grounds including that the site — an agricultural field east of Barford Road and south of Bloxham — lay outside a development boundary. The secretary of state, however, agreed with the inspector, again deciding that the scheme would significantly address the shortage of housing, including affordable housing, in the district.
Cahill QC was instructed by Bird Wilford and Sale on behalf of Barwood Strategic Land II. Goatley was instructed by Gladman Developments.
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