What was the challenge?

The council had refused planning consent for a major development of specialist housing for older people in Spelthorne. Initially, the development management team required help sifting through the documentation the appellant submitted with the application to formulate a response.

Once the appeal was submitted, the council required advice on whether the need for specialist housing for older people was likely to be a relevant issue (i.e., would form part of the appellant’s case for ‘very special circumstances’).

While the need for this type of housing was a matter of common ground,  the council required expert witness services to defend the council’s calculation of housing need as the outcome of the appeal would have implications for policies in the emerging local Plan.

What was our solution?

Having provided evidence to support the council’s emerging local plan, Ivan Tennant was appointed by the council, firstly, to prepare an advice note giving DM staff guidance on planning applications in the Green Belt and the current level of need for older persons’ housing.  He was then appointed to act as an expert to represent the council on matters related to housing needs at the appeal.

In this role, he prepared Proof of Evidence (“PoE”) and undertook a review of the Appellant’s PoE and prepared a Rebuttal Proof of Evidence (“RPoE”). He attended relevant conferences with the council officers and counsel and delivered his evidence in chief at the hearings.

How did we add value?

While the inspector found there was a ‘pressing need’ for older persons’ housing in the borough, she did not find for the appellant as regards his method for arriving at the need for older persons’ housing. The evidence provided by the Temple team was, therefore, successful in protecting the council from the imposition of a very high assessment of need as a result of the appeal. This would have had significant implications for policies in the local plan.