Published 20 June 2024
High Peak Borough Council's Development Control Committee has been advised that its defence to an appeal, following refusal of a development comprising 92 dwellings including areas of public open space, landscaping and associated works on Land at, Dinting Vale, Dinting, Glossop, Derbyshire, can no longer be sustained.
Further evidence in respect of the viability of the site was submitted to the Council on 22nd May 2024. The Council reviewed that evidence in consultation with its professional advisors and in accordance with its legal duties. If, after exchange of reports, an expert witness changes their view on a material matter, having read the other side's expert's report, or for any other reason, such change of view should be communicated to the other side without delay.
The Council's professional witness, having considered the Appellant's recent viability evidence, and in accordance with his professional duties, has concluded that the reasons for refusing the application can no longer be supported. Accordingly, we are duty bound to report that the Council can no longer resist the appeal for the development of this site which is allocated for housing in the Local Plan.
The Local Plan explains that where viability evidence is brought to justify a reduced provision of affordable housing then that is acceptable in planning policy terms. Where it can be justified in viability terms, provision of housing on an allocated sites, even without affordable housing is a material consideration which must be taken into account.
