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Challenge

This was a complex case which required in-depth expertise from the Vail Williams planning team, to address a number of issues in order to reach a successful conclusion. These included:

  • Effectively addressing the refusal of Planning Permission, despite officer support;
  • Advising on strategy to address the refusal of the second residential scheme on the basis of an objection by Sport England who had raised no objection to the first scheme;
  • Submitting a separate Application for the Multi-Use Games Area to overcome Sport England’s objection;
  • Providing robust advice regarding potential appeal following refusal of the second Application; and
  • Engaging with legal counsel, the scheme’s architects and a rights to light consultant, to provide evidence at the hearing to address concerns raised by the Council regarding layout and impact on neighbours.

Another key issue that arose was how to link the approved MUGA and the residential scheme. The case put forward was that the provision of the replacement MUGA - tied to the Planning Permission by condition rather than legal agreement - would overcome concerns regarding the loss of the sports facility.


Expertise
  • Pre-application discussion
  • Advice on sale values
  • Full marketing campaign
  • Advice on conditional contract terms
  • Negotiation of sale Heads of Terms and transaction management
  • Advice for two planning applications for residential development and a single application for replacement MUGA
  • Negotiation of developer contributions
  • Receipt of legal advice following refusal of planning permission
  • Submission of appeal and determination at hearing

Result

A successful Appeal Decision was issued in November 2016, granting planning permission for the residential scheme.

The Inspector agreed that it was entirely appropriate in terms of layout, impact on character and on neighbours.

Importantly, the Inspector also agreed that a suitably worded condition tying the commencement of the residential development to the construction of the MUGA, would overcome concerns regarding the development of the tennis courts.


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