Angelica Rokad Successfully Defends for Local Authority in Planning Enforcement Appeal

Hackney Council, represented by Angelica Rokad, successfully defends planning enforcement appeal made by school, with Inspector rejecting concerns that local plan policy was ‘out of date’.

In a significant decision, the Planning Inspectorate has rejected a planning enforcement appeal made by a school on all grounds and made a finding that the Local Plan is not ‘out of date’, such that the ‘tilted balance’ under the NPPF ought to be applied in respect of educational establishments in the Local Authority.

The Appellant, represented by Counsel, called evidence from a range of experts, including the well-known property consultancy Savills Plc, and appealed on Grounds A, B, C, D, F, and G. The appeal concerned a school situated in high-density housing and overlooking local neighbours, who raised issues relating to both noise and amenity.

The Local Authority conceded the “need” for educational establishments but considered that the search area for an alternative school to justify the loss of residential housing was artificially restricted and concluded that the planning balance weighed in favour of refusing permission under Ground A and upholding the enforcement notice, as issued.

The Inquiry considered a range of planning matters, including local climate change policies, biodiversity net gain, alternative site assessments, Article 8 rights, the public sector equality duty, and the agent of change principle – as well as the application of complex case law, including Murfitt, Somak Travel, Kestrel Hydro, and the Burdle test.

The Inquiry sat for several days and was required to be extended due to the number of members of the public who wished to give evidence.

The Inspector was invited to find that the Local Plan in respect of education provision was ‘out of date’, with this decision being a precedent for the planning balance in other cases. Ultimately, the Inspector dismissed the claims and instead saw fit to uphold the enforcement notice with only minor amendments and dismiss the Ground A application for permission in its entirety.

The Appellant also made a costs application against the Council – this too was dismissed in full.

A copy of the planning appeal decision can be found here.

A link to Angelica Rokad’s profile and practice can be found here.