PLANNING APPEAL VICTORY

ZYDA LAW continue their winning streak by securing two victories against Basingstoke and Deane Borough Council's refusal to grant planning permission for residential development.

By decision letter dated 19 May 2008, the Planning Inspector, Mr Richard Merelie allowed two 'linked' appeals against Basingstoke and Deane Borough Council's refusal to grant planning permission for the sub division of family dwellings into smaller one bed flats and granted planning permission for the said developments.

The Basingstoke and Deane Borough Council has adopted a policy stance that is opposed to sub division of 'family' dwellings and these two appeals are the first of 21 further appeals that have been lodged.

ZYDA LAW were instructed by the developer in respect of the first six of these appeals, all of which are to be heard at hearings.

Attending the hearing, the Borough Council Councillor's expressed to the Inspector a strong desire to refuse such developments on the basis that either cumulatively or individually they would intensify user and be contrary to development plan policy.

ZYDA LAW disagreed with the Council's position and demonstrated to the satisfaction of the Inspector that incognisance of social changes a strong local need existed for small households, suitable for single and elderly people, who were the fastest growing and most significant demand group facing housing difficulties and, that the developments would contribute the provision of mixed communities in keeping with Government policy as expressed in PPS3 Housing and the Green Paper. 

The Inspector found in favour of the developer and granted planning permission subject to conditions.