After a protracted experience with West Northamptonshire Council, CC Town Planning took the opportunity of submitting a non-determination appeal to the Inspector for the proposed residential development of the former Top of the Town Nightclub site in Northampton. After attempting to engage with the Local Planning Authority for several months, it became apparent that the application was not going to be determined anytime soon. Therefore, a non-determination appeal was seen as the best course of action to obtain a positive outcome for the client.
The site already benefited from planning permission. However, this permission included basement parking and an affordable housing requirement which rendered the development unviable. Therefore, this revised proposal was supported by a viability assessment along with a detailed justification for the removal of the basement parking spaces given the financial implications associated with providing this feature.
After a lengthy process, the appeal was allowed by the Inspector. It was determined that the site was in an accessible location that offered a genuine choice of transport modes, and that the development would not generate high levels of car ownership. As such, the removal of the basement parking provision was accepted. The Inspector also awarded full costs against the Council as it was determined that they acted unreasonably in failing to respond or determine the original planning application and that the submission of this appeal could have been avoided.
Despite the delays experienced, this is a great result for our client, and we look forward to seeing this development commence in the coming months.
