Spruce Town Planning were pleased to assist our clients secure outline planning permission at appeal for the construction of a two storey care home building on a site at Hurn Way, Christchurch.
The planning application had been refused by the Local Authority on the basis that they considered that there was no need for extra care home accommodation in the town, and also that the site was inappropriate for care home development having regard to its proximity to heathland. Working together with other consultants appointed by our clients, Spruce Town Planning instead proved that there will be a growing need for care accommodation in the town in future years. The Local Authority were unable to provide any substantiated evidence with their appeal case to justify their refusal on the basis of care needs or to rebut the evidence provided by Spruce Town Planning and others. In respect of the proximity of the site to heathland, Spruce Town Planning successfully demonstrated that the decision of the Local Authority was in direct conflict with their own, adopted Supplementary Planning Guidance that permits care homes in such locations (subject to appropriate occupation controls).
As well as succeeding at appeal, Spruce Town Planning also made an application for a full award of costs on behalf of our clients and on the basis that the Local Authority had failed to provide any substantive evidence to justify its decision. They had therefore put the Appellants to unnecessary expense in forcing them to have to pursue an appeal for a development that clearly should have been granted planning permission having regard to relevant material planning considerations. The application for costs was also allowed.
