DLBP wins appeal against Thurrock Council and awarded full costs

DLBP is delighted to have won an appeal against Thurrock Council and secure planning permission for our client to deliver 38 residential apartments across five new buildings on a brownfield site in South Ockendon, Essex.  DLBP is also very pleased to have been awarded full costs by the Planning Inspectorate in connection with the same appeal.

The application was originally recommended for approval by officers but was refused by councillors at Planning Committee last year, despite the Principal Planning Officer advising the Committee that the suggested reasons for refusal would be difficult to support at appeal.

DLBP therefore recommended an appeal strategy to challenge this decision and sought barrister advice from Lord Charles Banner KC as part of this.  As the consultant lead, DLBP was responsible for coordinating the consultant team to provide its evidence and prepare topic-specific appeal statements, including on viability, transport and design.  Alongside this, DLBP prepared a main Statement of Case to set out why the development was acceptable in planning policy terms.

During the appeal process, the Council made the unusual decision not to defend the appeal and that no witnesses would be called or evidence presented.  This resulted in the appeal procedure being downgraded from a hearing to written representations and the Council immediately issuing its Head of Terms for the legal agreements for financial contributions to education, healthcare and car club.  The Inspector ultimately agreed with the Council’s revised position and found no conflict with any of the development plan policies, which we originally argued in our Statement of Case.

DLBP is pleased that the right outcome was reached, and costs were awarded to compensate our client for the unreasonable behaviour of Thurrock Council in delaying the scheme coming forward.