APPEALS

A major specialist area of work, enthusiastically embraced. Written Representations, Hearings and Inquiries undertaken as agreed with client, with excellent success rates. Red Kite Development Consultancy accepts appointments on appeals both for ongoing case work and new instructions, acts as project manager to coordinate other specialist advisors, and working  with LPAs to reduce areas of disagreement.

An initial opinion can be given in a written report on the likelihood of appeal success, and where possible steps to improve the appellants position.

Direct instructions to Barristers can be undertaken through normal professional access rules. Red Kite will work with clientís solicitors to ensure Unilateral Undertakings are in place at the right time, and for reasonable contributions in accordance with Circular advice.

CASE STUDIES 

Linked twin site development of affordable on site A, market housing on site B (CR)

This dual site approach was essential to the clientís (Millgate Homes) viability assessment, but was strongly resisted under Local Plan Policies by Reading Borough Council. Planning permission was granted on appeal for both schemes, and both have now been built and have proved very successful with the RSL partner and attractive to the private market.

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Officerís recommendation overturned by Committee under pressure from local residents (CR)

Several successful schemes won on appeal, some with an award of costs where the LPA was unable to justify that the refusal was reasonable.

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Additional units added to approved scheme for flats (CR)

Acting on behalf of Persimmon Homes, additional storey approved raising site capacity from 31 to 36, significantly improving viability without harm to amenity or local character, following refusal on these grounds.

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Conversion of stables/workshop to residential in countryside (CR)

Appeal success following refusal on grounds of land use, sustainability of location and design, enabling the residential conversion of buildings in South Oxfordshire.

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Elimination of unreasonable S106 Contributions requested by LPA (CR)

Planning permission for a small scheme of 3 houses was granted, allowing development to proceed without the need for £30,000 of S106 Contributions, in response to evidence showing that the Councilís requests were not supported by an appropriate process.

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CR denotes client references available upon request

 

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