Appeal Dissmissed

James Bailey Planning Ltd (JBPL) is pleased to have supported Ipswich Borough Council (IBC) in successfully defending an ‘officer overturn’ appeal and accompanying costs application, for residential development at Land North of Mitford Close, Ipswich.
 
The Planning Inspectorate dismissed the appeal, citing concerns around landscape harm and the risk of unacceptable harm to the residential amenity of future occupiers due to an adjacent multi-use games area (MUGA).
 
The Inspector found that the proposed development would result in a moderate degree of harm to the landscape character, particularly due to its location on the valley side and the urbanising effect it would have on a currently semi-rural site. Despite mitigation opportunities, the proposal was seen as an incursion into the countryside, conflicting with local policies DM11 and DM12 which seek to protect Ipswich’s distinct landscape setting. Furthermore, the Inspector agreed with our approach that, although the tilted balance under paragraph 11 of the NPPF was agreed to be engaged due to an unassessed housing shortfall, the relevant local plan policies were consistent with the NPPF and could therefore be given appropriate weight in the decision-making process.
 
Crucially, the Inspector also raised concerns about the relationship between the proposed dwellings and the existing MUGA, which operates into the evening under floodlights. The unpredictability of noise spikes, such as from whistles and shouts, and the potential for light spill, were considered to pose a substantial risk to residential amenity. The absence of a detailed light survey and uncertainty around effective mitigation led to the conclusion that the site could not confidently accommodate 80 dwellings without compromising living conditions.

Notably, this issue was not part of the original reasons for refusal but emerged as a successful argument advanced by neighbouring third-party representations, who were represented by Ben Elvin Planning. On behalf of IBC, we assisted the Inspector in successfully arguing the need for sufficient confidence that an acceptable scheme could be brought forward at reserved matters (covering all issues including landscape and amenity), before outline planning permission could be given. This is a point recognised by the Inspector in their decision, in finding that they could not be sure that the quantum of development applied for could be satisfactorily accommodated within the appeal site (paras. 14 and 18).

This appeal decision marks an important milestone for JBPL, as it was the first appeal handled by our newest team member, Steven Stroud, who brings considerable experience in managing appeals or providing expert evidence across all procedures. We are delighted with this outcome and remain committed to supporting our clients with specialist expertise in planning appeals and other contentious or complex matters. If you are considering an appeal or would like to discuss potential opportunities, our team is always open to new enquiries and collaboration.

A copy of the appeal decision is available here:

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3361655