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Planning appeal successfully defended on behalf of Spelthorne Borough Council



Acting on behalf of its clients Spelthorne Borough Council, Kempton Carr Croft has successfully defended a planning refusal notice at appeal for a 17 unit scheme due to a lack of affordable housing provision.

The firm’s planning viability team represented the council in the first of two appeals being simultaneously heard regarding a 17 and 25 unit scheme where the appellant had submitted an application asserting that the 17 unit scheme could not viably support any element of affordable housing.

Evidence put forward by Trina Froud and Malcolm Kempton, both in written representations and verbally at the Informal Hearing, demonstrated that the 17 unit scheme was in fact capable of viably providing a policy compliant level of affordable housing, resulting in the successful dismissal of the Developer’s Appeal.

Kempton Carr Croft’s initial analysis of the developer’s planning application to the council in 2014 provided considered advice that in its opinion, the assertions made regarding affordable housing were not reasonable. Planning permission was subsequently refused and culminated in the Planning Appeal being heard at an informal hearing where the evidence was put forward to the Inspector.

Viability assessments are key in analysing a site’s ability to offer the appropriate social contributions in accordance with its existing use and coming forward for development on a correct and viable basis.

Kempton Carr Croft’s planning viability team is experienced in acting on behalf of both Developers and Local Authorities to provide pragmatic, realistic and justifiable advice in conducting, appealing and defending viability assessments.


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