Posted by: westlancashirerecord | March 25, 2018

Landmark Chambers Reports Aughton Success

Inspector dismisses re-determined appeals in West Lancashire. DATE: 23 Mar 2018

An Inspector (Kevin Ward BA (Hons) MRTPI) has dismissed two re-determined appeals by Redrow Homes Ltd and Wainhomes Developments Ltd for in total 400 houses in Aughton, West Lancashire.

On 19 August 2016 Wainhomes’ appeal had been allowed by the previous Inspector but this was quashed by the High Court, see: in R (West Lancashire Borough Council) v Secretary of State for Communities and Local Government [2017] EWHC 3451. On 9 December 2016 the previous Inspector had refused Redrow’s appeal. This decision was quashed by the High Court by consent.

Both appeals fell to be re-determined and a re-opened conjoined inquiry was held on 30 – 31 January and 1 – 2 February 2018. The Inspector concluded that West Lancashire had a 5 year supply of land. He also concluded that in calculating completions of housing it was not appropriate to take account of losses of C3 uses (dwelling houses) to C4 uses (HMOs). The debate between the parties on this issue concerned the definition of communal establishments by the Office for National Statistics and in the 2011 census.

James Maurici QC 

acted for the successful local planning authority, West Lancashire Borough Council.

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