Out-Law News 1 min. read

Appeal dismissed as redevelopment would have a negative impact on the surrounding area


A Planning Inspector has dismissed an appeal by developer Parkhurst Road Ltd for a proposed redevelopment in north London as the scheme would have a negative effect on the surrounding area. 

The proposed development involved the demolition of former Territorial Army Centre buildings. The developer's proposal was to erect buildings between four and six storeys high which would include 112 new homes, cycle and car parking, highways, infrastructure and landscaping.

The Council rejected the planning application as it was concerned that the development would effect "the character and appearance of the surrounding area by reason of its layout, height and massing", the impact on the amenity and living conditions of neighbouring properties and due to the level of affordable housing provision being offered.

The Council disputed the level of affordable housing, with only 21% habitable rooms being allocated to affordable housing.  However, the planning inspector concluded that the proposal was "acceptable in relation to affordable housing ".

The inspector reviewed information put forward by both the developer and the Council and assessed the viability and determined "that the development plan policy is to seek the maximum reasonable rather than the maximum possible amount of affordable housing, on the available evidence of the current position I consider that what is being offered in this case would achieve that."  

It was agreed that the proposal would help meet some of London's housing needs, re-use brownfield land and also improve some of the settings to the heritage assets. "However, with the environmental harms the proposal would not be fully sustainable development, as well as conflicting with the development plan. These harmful impacts outweigh the benefits, and warrant refusal of planning permission."

Planning expert Victoria Lindsay of Pinsent Masons, the law firm behind Out-Law.com said: "Although the Inspector found that, based on the viability evidence, the level of affordable housing being offered was acceptable, ultimately, the benefit of housing and specifically affordable housing on a brownfield site was not enough for the proposals to be approved."

"There is a presumption in favour of sustainable development in planning and the environmental harms as a result of the proposal were found not to be fully sustainable development, as well as conflicting with the development plan. These harmful impacts were found to outweigh the benefits", Lindsay said.

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