No5 Chambers’ Hashi Mohamed successful in defending grant of planning permission

Hashi Mohamed of No5 Chambers has been successful in defending Gedling Borough Council’s grant of permission to one of two proposals in the borough.

The development proposed was for the ‘demolition of dwelling and outbuildings, and the proposed development of a crematorium building, with memorial woodland, landscaping, access, parking, nature conservation enhancement works and associated matters’.

The appeal proposal by A W Lymn Ltd was one of two proposals for crematoria in the borough of Gedling; the other proposal was by the Westerleigh Group Ltd.

On 17 May 2013, the council had granted permission to the Westerleigh proposal, a permission which was subsequently quashed by the High Court on 11 March 2014. The appeal in relation to that matter is due to be heard at the Court of Appeal in December 2014.

Subsequent to that, A W Lymn Ltd lodged an appeal under section 78 of the Town & Country Planning Act 1990 against the refusal to grant planning permission to its proposal. Inspector John Felgate BA (Hons) MA MRTPI heard evidence over six days at an inquiry held in late June 2014. The issues considered included, inter alia, inappropriateness in Green Belt terms (29–33), in particular openness; the effects on the character and appearance of the area, and its landscape (34–45); sustainability issues (46–56); whether there is a need for additional crematorium in the local area (57–70); and whether any preferable alternative sites are available (71–75).

Other salient considerations included the particular design of the proposal (85–90) and the effects on nearby residential occupiers (80–84). The overall conclusions are contained at paragraphs 98–103. In sum, dismissing the appeal, the inspector concluded that substantial weight ought to be attached to the resulting harm of the development to the green belt.