Mark O’Brien O’Reilly Commences Three-Week Section 78 Planning Inquiry

11 August, 2026

Mark O’Brien O’Reilly, instructed by Fenland District Council, has today commenced a three-week Section 78 planning inquiry arising from an appeal by BDW Homes Northampton.

Mark O’Brien O’Reilly Commences Three-Week Section 78 Planning Inquiry

11 August, 2026

Mark O’Brien O’Reilly, instructed by Fenland District Council, has today commenced a three-week Section 78 planning inquiry arising from an appeal by BDW Homes Northampton.

The appeal concerns the Council’s refusal of outline planning permission for the development of up to 200 dwellings together with associated infrastructure.

The principal issues for determination include the effect of the proposed development on character and appearance and its visual impact; the parties’ differing positions as to the Council’s five-year housing land supply position and, consequently, whether the tilted balance in the NPPF is engaged; education and healthcare infrastructure contributions; and the viability of the proposed development.

Mark O’Brien O’Reilly is representing Fenland District Council, as sole counsel, against a leading planning silk.