The client owns approximately six acres of land and sought advice regarding the potential development of the site for residential purposes.
In January 2019, the client was approached by property land promoters, King Acre, who proposed a potential development of approximately 49 residential properties on the client’s land. The client was advised by a friend not to proceed with the proposal and, as a result, did not take any further action or respond to the correspondence at that stage.
Approximately 18 months later, the client reconsidered the possibility of developing the land and sought preliminary advice regarding the likelihood of obtaining planning permission. The client contacted Daniel Gender-Sherry of Axiom Planning, who carried out an appraisal and survey of the land.
Axiom Planning’s assessment concluded that there was approximately a 50% likelihood of obtaining planning permission for development of the site.
The client has recently been approached by another property developer who has successfully obtained planning permission for nearby land. The client considers this may strengthen his prospects of obtaining planning permission, given the surrounding development history and comparable planning decisions in the area.
The client is seeking advice regarding his prospects of obtaining planning permission and the potential steps required to progress a residential development proposal.
The main issue is whether the client’s land has a realistic prospect of obtaining planning permission for residential development.
Counsel considered the importance of assessing the relevant planning policies, the local authority’s approach to development in the area, and whether comparable developments nearby may support a future planning application.
A further issue concerns the weight that can be given to the appraisal carried out by Axiom Planning, which identified a 50% chance of obtaining planning permission. Counsel considered that although such an appraisal is helpful, it does not provide a guarantee of success and the outcome will depend upon the planning authority’s assessment of the application.
The potential impact of previous successful planning applications on neighbouring land was also considered. Comparable approvals may assist the client’s position; however, each planning application must be assessed on its own individual circumstances, including matters such as access, environmental impact, infrastructure, design, and compliance with local planning policies.
Counsel also considered whether the client should engage further with planning consultants or developers before making a formal planning application, to ensure the proposal is commercially viable and appropriately prepared.
Counsel advised that the client’s prospects of obtaining planning permission cannot be confirmed at this stage, but there appear to be potential grounds for exploring residential development of the land.
Counsel advised that the client should obtain further specialist planning advice and prepare a detailed assessment of the site, including consideration of:
Current local planning policies;
The council’s housing requirements and development strategy;
Previous planning decisions relating to nearby land;
Access, highways and infrastructure considerations;
Environmental and ecological matters;
The potential number and type of residential units that may be acceptable.
Counsel advised that the previous approach from King Acre and the appraisal from Axiom Planning indicate that the land may have development potential, but further investigation would be required before committing to a formal application or agreement with a developer.
Counsel advised that the client should consider obtaining a professional planning opinion or pre-application advice from the relevant local authority to obtain an indication of whether residential development would be supported.
The client should also consider the commercial options available, including whether to pursue planning permission independently or enter into negotiations with a developer who may assist with the planning process.
Overall, Counsel advised that there appears to be a reasonable basis to investigate residential development opportunities, particularly given the successful planning approvals on nearby land, but the outcome will depend on detailed planning considerations and the local authority’s assessment of any future application.
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