Residential developer Abbey Homes has secured one of the first wins using the National Planning Policy Framework’s presumption in favour of sustainable development.
In July 2011, Abbey had its plans to build 101 homes in Stanton, Suffolk, thrown out by St Edmundsbury district council on the ground that it was too close to a sewage works.
However, during an appeal in April, planning specialist Barton Wilmore, which acted for Abbey, argued that the council’s housing policies were out of date under the NPPF as it had not identified a five-year housing supply.
Planning Inspector Antony Fussey has now overturned the council’s refusal. He said: “In my opinion, the NPPF’s presumption in favour of sustainable development is engaged. I consider that the council’s new stance of resisting any housing on this allocated site devalues the plan-led system, which is the NPPF’s first core principle.”
Barton Wilmore director Nick Bather added: “The NPPF requires a local authority to show the degree of harm significantly and demonstrably outweighs the benefits of a development and, in this case, they failed to do so.”
Daniel Watney planning partner Charles Mills said: “This is exactly what the NPPF was introduced for – to kick-start residential development, especially in the regions.”