Eversheds advised Miller Homes on its appeals for the development of hundreds of dwellings on two sites after Leeds City Council refused outline planning permission.

The council had originally refused the planning application, revealing it was concerned about the impact on the highways infrastructure.

However, planning inspector Ken Barton stated that any adverse impacts due to granting planning permission would not significantly outweigh the benefits of increasing the supply of housing and recommended that Miller Homes’ appeal be allowed.

The case was put to the secretary of state who granted planning permission for the construction of up to 380 and 150 dwellings at Bramhope and Collingham respectively on 22^nd December 2016 following a conjoined public inquiry.

The matters of housing land supply were key issues regarding the conclusion reached by the secretary of state in each appeal and it evidence indicated that there would be a serious shortfall of supply in the next two years.

The secretary of state also concluded that the limited adverse impacts of granting consent did not significantly and demonstrably outweigh the benefits of providing new homes and boosting the supply of housing, demonstrated in the National Planning Policy Framework (NPPF).

“Miller Homes set out very clear evidence highlighting the uncertainties around the delivery of the council’s purported supply, the inability for this position to be remedied in the short term and the particular benefits for the Bramhope and Collingham areas that would arise from the [granting] of planning permission,” said Roddy Macdonald, principal associate at Eversheds.

“These were fully endorsed by the inspector and secretary of state.”

Roddy went on to add: “The decisions reinforce the NPPF presumption, in circumstances where housing supply policies are out of date, that planning permission ought to be granted for sustainable sites such as these unless any adverse impacts would significantly and demonstrably outweigh the benefits.”