Lancaster City Council successfully defends Bailrigg planning appeal refusal

Two planning applications for the development of 644 houses, ancillary infrastructure, and an access link road at Bailrigg have been dismissed on appeal by the Planning Inspectorate.

The applications, which were first refused by Lancaster City Council’s Planning Regulatory Committee in December 2023, were dismissed following a public inquiry.

Helen Hockenhull, a planning inspector appointed by the Secretary of State for Housing, Communites and Local Government to hear the appeals, concluded that the absence of a Sequential Test for flood risk provided “a clear reason for refusing the development proposal”.

A Sequential Test seeks to steer development to areas with the lowest flood risk. Councils can refuse planning permission if other, lower risk, sites are identified as part of the sequential test search process.

The appeal decision noted that there was a shortage of housing within the district, and that the need for more housing was a matter that attracted “substantial weight”. Similarly the inclusion of other benefits, including open space and community facilities, and the economic benefits arising from construction jobs, were amongst factors that were given weight in the inspector’s decision.

However the lack of a Sequential Test meant that the inspector considered that there was no alternative but to refuse the appeals.

Councillor Sandra Thornberry, chair of the council’s Planning Regulatory Committee, said: “The planning inspector’s decision vindicates the recommendation of our planning officers and the decision taken by councillors on the Planning Regulatory Committee.

“It further serves as notice that development proposals that fail to satisfy the Sequential Test for flood risk, when one is required, are likely to be considered unfavourably.

“I’d like to add my thanks and congratulations to everyone from the council who worked on the appeal and presented the successful case.”

Last updated: 21 November 2024