Out-Law News 2 min. read
18 Jul 2012, 5:02 pm
Developer Peel Investments (North) appealed against Salford City Council’s decision to refuse outline permission in March 2010.
An inquiry was held into Peel's appeal in November 2011 but the Secretary of State recovered the appeal for his own determination due to the size of the development and because it could "significantly impact" on the Government’s objective to secure a better balance between housing demand and supply.
The Secretary of State accorded "significant" weight to the shortfall of housing supply in the area, in his decision letter (79-Pages / 805KB PDF).
The Secretary of State found that there is a shortfall of about 4,000 dwellings, or 2.5 years supply, against the five year housing land supply requirement and said that the Burgess Farm development could provide 175 houses in the 5 year period.
"[The Secretary of State notes that the Inspector casts doubt on this figure, but he has not seen any evidence to support the Inspector’s concerns. He considers that the contribution this development would make to reducing the shortfall in 5 year land supply weighs significantly in favour of the proposal," the decision letter said.
Because there is not a five year housing land supply in Salford Council's area, its policies for housing supply should not be considered up to date, in accordance with the National Planning Policy Framework (NPPF). The Secretary of State therefore judged the appeal in accordance with the NPPF's presumption in favour of sustainable development.
The Secretary of State disagreed with the Inspector’s view that the site should be protected from development, despite his acknowledgement "that development of the site would result in the permanent loss of an area of open countryside enjoyed by local people; encroachment into the wildlife corridor; a significant intrusion into the setting of Walkden; and that it would seriously degrade the character and appearance of the area and the amenities of neighbouring residents".
"The Secretary of State accepts that there is a clear conflict with UDP policies for the site, which support its retention as undeveloped land. He recognises that one of the core planning principles in the Framework is to contribute to the conservation and enhancement of the natural environment," his decision letter said.
"However he considers that the loss of this land needs to be weighed against the substantial shortfall in housing land and the contribution that the proposed development could make to reducing that shortfall in a sustainable location," it said.
The Secretary of State looked at the factors weighing in opposition to the development against the significant deficiency in five year housing land supply.
"The Secretary of State considers that the proposals do, on balance, represent sustainable development, and he does not consider that the adverse impacts of allowing the development outweigh the benefits to be gained. He therefore considers that there are material considerations in favour of the development that outweigh the conflict with the development plan," his decision letter said.