Glastonbury, Somerset - Public Inquiry

Key Skills: Public Inquiry

Professional Expert Witness

5 year housing supply

Paragraph 11 of the National Planning Policy Framework (NPPF)

Category: Residential Development

Refusal of Planning Permission

Local Authority Support

Phosphates / Nutrient Neutrality

LPA: Mendip District Council

The Project

Tadman Planning Consultants were instructed by Mendip District Council, and then Somerset Council, to act for the Council to defend the refusal of planning permission for 90 dwellings in Glastonbury.

The Appeal was allowed subject to S106 and conditions, however, this was an unusual case in that the Council did not present any evidence against the proposal and most matters were agreed via the Statement of Common Ground.

So how did this happen? Rachel was asked to act for the Council to defend the appeal at Public Inquiry but, having reviewed the refusal, and in the face of a 5 year supply that had got worse in the meantime, it became clear that, subject to some of the refusal reasons being dealt with by condition, the tilted balance had swung in favour of the scheme and that the harms were now substantially and demonstrably outweighed by the benefits.

Nevertheless a lot of negotiation was needed until the only outstanding issue was phosphates, luckily the developer was able to purchase credits from a nutrient credit scheme to demonstrate that it was nutrient neutral.

The Public Inquiry only lasted a day and, overall, even though the appeal was allowed, we count this as a success for both the Council and the developer and an example of where revisiting a decision was the sensible approach rather than doggedly fighting a battle that was clearly (to us anyway) going to be lost. The decision can be read here: Common Moor Drove, Glastonbury