Casebook: Mixed use development - Scheme halted by impact on bowling club

Planning, 18 July 2008

The site lay to the rear of a public car park in a village and next to a bowling club. While accepting that the design was satisfactory, the inspector held that overshadowing could inhibit the growth of grass and restrict the club's ability to use the facility. As the building would be less than 2m from the club's boundary, he judged that it would be intrusive because occupants of the flats could look directly down onto the playing surface from their French windows.

He made a partial costs award in favour of the appellants after concluding that the national park authority had acted unreasonably in seeking a payment towards affordable housing. He noted that it had not challenged the appellants' viability appraisal, which demonstrated that abnormal costs associated with developing the site effectively ruled out any form of financial contribution.

The authority accepted at the inquiry that no financial contribution would be sought if an independent valuer agreed with the appellants' assessment, but then failed to obtain appropriate advice. In that light, the inspector felt that the appellants were entitled to rely on their own assessment, which demonstrated that any contribution would threaten the viability of the scheme.

DCS Number 100-055-935

Inspector Brendan Lyons; Inquiry.