An Inspector has upheld an appeal against a refusal of planning permission for 48 affordable flats adjoining Brooklands Race Track. The LPA had argued that the scheme was unacceptable for a number of reasons related to the living conditions of the prospective occupants. The Inspector rejected the LPA's arguments that the scheme should be refused because of noise from the London to Woking railway line adjoining the site and odour from the nearby sewage treatment works. Nor did he accept that the proposed units would have inadequate outlook or daylight/sunlight by reason of the proximity of the race track embankment. The Inspector also rejected the LPA's argument that the landscape/maintenance of the embankment (a Scheduled Ancient Monument), which lay within the application site but outside the appellant's ownership, could only be controlled by a negative condition; he accepted the applicant's s106 obligation which bound only the appellant's land and incorporated a management and access agreement with the leaseholder of the relevant land.
Craig Howell Williams QC appeared for Elmbridge Housing Trust instructed by PRP Planning.