New law firm partner celebrates planning appeal success

A newly-appointed partner at Leeds law firm Walker Morris is celebrating after winning an appeal of a major planning case involving a three day inquiry.

Alison Ogley acted for Keigar Homes in a successful planning appeal against North Lincolnshire Council.

Ogley said the result will deliver “social and economic benefits in addressing the current under-supply of housing in the North Lincolnshire area”.

The development is for up to 130 dwellings, construction of roads and associated infrastructure, formation of public open space, affordable housing, education and recreational facilities, archaeological provision, and landscaping on approximately 6.8 hectares of land at Winterton.

Following Keigar’s initial submission in October 2015, the application was refused in June 2016.  Two main issues were disputed on appeal – whether the development would harm the area’s settlement pattern and / or the character and appearance of the area.

Following the inquiry, Inspector Ware allowed the appeal and granted planning permission for the scheme.

He felt limited greenfield development (as at the site) was acceptable as it would clearly deliver much-needed local housing; bring additional community benefits; contribute to building a sustainable community; deliver open space and heritage benefits; and have an acceptable impact on the surrounding environment.

It was accepted that the Council’s current policies are failing to deliver a five-year supply of housing in accordance with central government requirements.

Ware also noted: “Investment in construction and related employment would represent a benefit, as would the support which the additional population would produce for the local economy…These matters weigh heavily in favour of the proposal in terms of the economic and social roles of sustainability.”

Ogley said: “This is an excellent outcome. The decision lends strong support to the national policy approach, whereby planning permission should only be refused in cases where a five-year housing land supply cannot be demonstrated, if it is clear that adverse impacts would significantly and demonstrably outweigh the benefits.

“The scheme not only provides much-needed market and affordable housing, but also reflects Keigar’s commitment to sustainable development.”
Having previously worked as a director at the firm, Ogley recently returned as a partner and solicitor advocate following time working as a barrister at King’s Chambers in Leeds.

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