DPDS have been successful on appeal in having an affordable housing condition removed from an outline planning application in South Derbyshire.
The original application which also won on appeal, contained a condition requiring total number of affordable housing units built on the site to exceed the total number of market units. This condition was added by the previous appeal Inspector in order for the outline proposal for 14 dwellings to be policy compliant, as it lay within the countryside, but on the edge of a village.
Following other appeals within the District which identified a flaw in how the Council’s adopted policy in respect of ‘exception’ and ‘cross subsidy sites’ was worded DPDS, on behalf of the landowner, sought to have the condition removed as it was no longer considered policy compliant.
Following the Council’s refusal of a planning application to remove the condition DPDS appealed the decision and successfully argued that the condition was not policy compliant with the Inspector concluding that the proposals meet the exceptions test of the adopted Local Plan policies.
A copy of the Appeal decision is available by clicking here.