We recently won, on behalf of a client, an appeal against South Oxfordshire District Council with full reimbursement of costs after planning permission was refused for unreasonable and unfair reasons.
Our client originally applied for planning permission for one additional dwelling on a site in Didcot in January 2020.
The proposal was refused. The Planning Officer's decision was based on the fact that there was no evidence of how surface water would be drained after the building had been erected. This was despite the fact that the site is not in an area at risk of flooding (Flood Zone 1) and that the onus is upon the Council to produce evidence to demonstrate its concerns and substantiate its objections with objective analysis.
We advised the client to follow up this decision with an appeal based on a number of factors:
Mark Doodes MRTPI said:
"It is imperative that LPAs enforce policies uniformly across all planning decisions. It was unreasonable to ask a member of the public to foot the bill for excess surface water and river flooding protections ahead of planning permission being granted, especially when others in the same street had not had to. A suitably worded condition would have been a more pragmatic and fair approach. I am delighted we were able to secure this win and our client is now able to build his new property despite significant unhelpful delays. This appeal will have far reaching consequences in the area going forward."
More details on the case can be found here.