GSP initially submitted an outline infill application with details of intended access only, expecting that any application for new housing in this location could attract a number of objections. GSP represented the client at the planning Committee meeting and the Council permitted the application.

However, despite strong protests from GSP, a condition was imposed by planning officers that related to the height, scale, layout and the number of houses when these were not factors that the Council were asked to consider as part of the outline application.

As such, the client instructed GSP to appeal against this condition.
The Inspector considered that such a condition was not reasonable or necessary and agreed with GSP’s case that matters relating to scale, appearance and layout were reserved for future consideration and that the development, without the condition, would still comply with the development plan.
GSP also submitted a successful costs application on grounds relating to the unreasonable and imprecise nature of the condition. The Inspector took the view that the Council should not have gone beyond considering the principle of the housing development and the access, whilst the Inspector also agreed with GSP that the condition, with reference to a height restriction, was ambiguous given the sloping nature of the site. GSP successfully demonstrated that the Council had unreasonably behaved and that this had resulted in unnecessary or wasted expense.

The Inspector allowed the appeal against the condition and ordered that the Council pay the client the costs of their appeal.

GSP has since received instructions to design the dwellings and submit and manage the reserved matters application that seeks to agree matters such as height, scale, layout and appearance.

For this project GSP worked with co-consultants relating to ecology, trees and landscaping.

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