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Eversheds advises Miller Homes on securing major planning permissions in Leeds

  • United Kingdom
  • Real estate sector


Eversheds has advised Miller Homes on its successful planning appeals for the development of up to 380 and 150 dwellings on sites at Bramhope and Collingham respectively, resulting in the grant of planning permissions by the Secretary of State on 22 December 2016, following a conjoined public inquiry.

Matters of housing land supply were of particular importance to the conclusions reached by the Secretary of State in each appeal. Whilst acknowledging the position on supply to be difficult because Leeds’ Site Allocation Plan is unlikely to be adopted until at least December 2017, he found that the available evidence pointed to a serious shortfall of supply in the next two years and “when realism is applied… the Council has failed to demonstrate a robust 5 year HLS”.

The application of saved Policy N34 contained in the Leeds Unitary Development Plan Review was of further importance to the Secretary of State’s conclusions. In the absence of a 5 year HLS and on the basis that the UDPR is now time expired, he found that the breach of the policy should attract little weight.

In line with the NPPF requirements where housing supply policies are found to be out-of-date, the Secretary of State carried out a balancing exercise and concluded that the limited adverse impacts of granting consent did not significantly and demonstrably outweigh the very real benefits of providing new homes and boosting the supply of housing as required by the NPPF.

Roddy Macdonald, Principal Associate at Eversheds, commented:

“Miller Homes set out very clear evidence highlighting the uncertainties around the delivery of the Council’s purported supply, the inability for this position to be remedied in the short term and the particular benefits for the Bramhope and Collingham areas that would arise from the grant of planning permission. These were fully endorsed by the Inspector and Secretary of State. The decisions reinforce the NPPF presumption in circumstances where housing supply policies are out-of-date that planning permission ought to be granted for sustainable sites such as these unless any adverse impacts would significantly and demonstrably outweigh the benefits.”

Should you wish to discuss any of the issues arising from these decisions, or their relevance to your own proposals, please contact your usual Eversheds’ contact or either of the below: