Developer to drive forward plans following appeal
Lovel Capital Projects, part of Lovel Property Holdings is poised to press on with plans for a new filling station and shop in East Yorkshire after winning an appeal against refusal by the local planning authority.
The developer was also awarded costs against East Riding of Yorkshire Council after a planning inspector found the Council behaved unreasonably in dealing with the application.
In making the award for East Riding of Yorkshire Council to pay the full costs of the appeal the inspector agreed that the Council had failed to produce any “reasonable and proper evidence to substantiate its reason for refusal” and that members of the planning committee did not visit the site before making their decision to act against advice from the planning officers to approve the application.
Philip Lovel, managing director of Lovel Capital Projects, said: “We are delighted that the planning Inspector has found in our favour after the unexpected refusal of the detail of our plans for the project.”
Planning permission was initially secured for the site in July 2022 with plans to transform the brownfield site which had previously been home to manufacturer Teckno Developments until it was destroyed by a fire in 2009.
However, a subsequent application in November last year seeking approval of details of the project was turned down by East Riding of Yorkshire Council planning committee in April, leading to the appeal.
The planning inspector has since found that the issue at the centre of the refusal – the effect of the proposed development on the character and appearance of the area and its landscape – was not valid.
He noted that the height of the building, the retention of hedgerows and the planting of new hedgerows and other shrubbery ensures the development “would not materially harm the character and appearance of the area and its landscape”.
Adding that he was satisfied that the development would not have a harmful visual impact on the setting of a nearby Grade II listed dwelling, and he rejected concerns that the proposed shop would affect businesses in neighbouring villages, explaining the new shop “would not be large enough to undermine the vitality and viability of these local village shops”.
He concluded: “The Council left the appellant with no option other than to lodge the appeal.
“I therefore conclude that substantive unreasonable behaviour resulting in unnecessary or wasted expense has been demonstrated and that an award of costs is justified.”
Lovel added: “The whole process has resulted in unnecessary delays to the scheme but we are working hard to make up time and deliver a development which will bring significant benefits to the local area and the people who live there.”
Lovel is now moving forward with an operator for the site in Killingwoldgraves Lane on the outskirts of Beverley and expects to start work in early 2022.
