DLP Planning Ltd are appearing at a Hearing into an appeal brought by Templeview Developments against Broxbourne Borough Council over its refusal of the development of land at St James Road, Goffs Oak. The appeal site comprises a former horticultural nursery but has been used for residential purposes in excess of 20 years.
An application for residential development of the land was made in June 2016 and this was refused solely on green belt grounds. DLP, in the application, argued that the site, which lies within a readily defined residential context and comprises previously developed land, accords with the proper interpretation of paragraph 89 of the Framework.
Subsequent to the refusal and following the lodging of the appeal, Broxbourne Council invited a second application based upon its proposed release of the land from the green belt. Whilst a second application was made, the release of the land was later changed by the Council in favour of other land within the area.
DLP will also be arguing, as they have done successfully elsewhere, that the ruling of the Court of Appeal in the case of Wood v Secretary of State for Communities and Local Government  EWCA Civ 195, supports their interpretation, and that similar schemes have been allowed, both within the District and elsewhere on this basis.