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David Wilson Homes and Anthony Raymond Shuttlewood have won their appeal against Charnwood Borough Council after we gave detailed evidence at a public inquiry.

The Council had initially refused outline planning application to create up to 170 homes at a site off Cossington Road, Sileby in North Leicestershire as the site was in an ‘Area of Local Separation’ (ALS) between Sileby and nearby Cossington. They felt that Sileby had already met the target growth as set out in the Council’s Development Plan. David Wilson Homes appealed, and its case was bolstered by our expertise in planning matters.

Angela Brooks, an Associate Director based at our Ashby office, was called as an expert planning witness by Paul Tucker QC, acting for David Wilson Homes, at the public inquiry. The presumption in favour of sustainable development was engaged as the council were unable to demonstrate a five-year supply of housing. Angela successfully argued there were clear benefits of this development to the local community. Despite the Council‘s disagreement, she argued that the development was in a sustainable location, would make provision for affordable housing and other infrastructure requirements as well as a significant over provision of open space ensuring that incursion into the ALS was minimised. The Planning Inspector agreed with her submissions and David Wilson Homes’ case and allowed the appeal.

Angela said: “This is a fantastic result for David Wilson Homes – we felt its application did not contradict relevant guidelines and that there was a good chance the appeal would be allowed by the Planning Inspector. While the site was indeed in the ALS, under half of it will be developed with built form, and the separation between Sileby and Cossington would remain. We’re delighted the Planning Inspector agreed with our submissions and that David Wilson Homes will now be able to deliver much-needed housing in north Leicestershire.”

John Reddington, Managing Director at David Wilson Homes East Midlands, said: “Winning the appeal for a new development in Sileby is fantastic news as it brings the delivery of 170 much needed new homes ever closer for Leicestershire property seekers. The plans for the development include a mix of housing and will form part of a major investment in this part of the county. Our development would also underpin approximately 340 jobs for local people.”

The landowner’s Strategic Development Consultant, John Edmond of Silver Fox Development Consultancy, said: “This detailed proposal was an important test of the Council’s Area of Separation Policy. The Inspector noted that the perceptual reduction in the Area of Local Separation would be limited to relatively small sections with the area of different routes around the site, while the significant area of public open space proposed would retain a meaningful break in the built form. It was a great result that will meaningfully assist the Council in its delivery of market and affordable housing. It was a pleasure to work with a great professional team led by Paul Tucker QC.”

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