Eversheds advises Miller Homes on securing key planning permission in Leeds

• United Kingdom

• Real estate planning

09-06-2016

Eversheds has advised Miller Homes on its successful planning appeal for residential development of land at Boston Spa Leeds, granted following a Public Inquiry by the Secretary of State, on 8 June 2016.

It is the most important housing appeal decision in Leeds to be issued since the adoption of the City Council’s Core Strategy in November 2014. The Secretary of State, agreeing with the appointed Inspector, concluded that the Council was unable to demonstrate a deliverable five year housing supply and had persistently under delivered in its supply of housing.

Notably, the Secretary of State also dismissed arguments for refusal based on prematurity pending the preparation of the Council’s Site Allocations Plan and Neighbourhood Plans for the area, which were all still in preparation and subject to unresolved objections, finding that little weight could be attributed to them.

Roddy Macdonald, Principal Associate at Eversheds comments:

“The evidence put forward by Miller clearly demonstrated that the Council’s purported housing land supply contained significant numbers of sites which could not reasonably be considered to be deliverable. The Inspector and Secretary of State agreed that the Council’s position was ‘overly optimistic’. In this scenario where housing land supply policies are found to be out of date in NPPF terms, the implication is that sustainable sites such as Boston Spa ought to be granted planning permission unless any adverse impacts would significantly and demonstrably outweigh the benefits.”

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