{"id":6096,"date":"2013-07-05T17:51:22","date_gmt":"2013-07-05T16:51:22","guid":{"rendered":"http:\/\/ihbconline.co.uk\/newsachive\/?p=6096"},"modified":"2013-07-05T17:51:22","modified_gmt":"2013-07-05T16:51:22","slug":"appeal-refusal-quashed-as-character-and-appearance-not-raised-in-hearing","status":"publish","type":"post","link":"https:\/\/newsblogs.ihbc.org.uk\/?p=6096","title":{"rendered":"Appeal refusal quashed as character and appearance not raised in hearing"},"content":{"rendered":"<p><span style=\"font-size: 16px;\"><span style=\"text-decoration: underline;\">A High Court judge has ruled that the Planning Inspectorate must reconsider an appeal by Hopkins Development whose 58-home scheme on the edge of Wincanton had been rejected by South Somerset District Council. The council\u2019s stance was subsequently upheld by the inspector who considered the appeal<\/span>.<\/span><span style=\"font-size: 16px;\">\u00a0<\/span><\/p>\n<p>However, after a legal challenge the appeal refusal has been quashed. Judge Roderick Denyer QC ruled that the decision had breached rules of natural justice because the inspector decided against the scheme partly because of the effect of the proposal on the character and appearance of the area and whether the site was in a sustainable location. These had not been raised as important issues during the hearing.<\/p>\n<p>The judge said the failure of the inspector to notify the parties that these were significant issues amounted to a failure to allow the applicants \u2018a fair crack of the whip\u2019.<\/p>\n<p><span style=\"text-decoration: underline;\">Search Planning Portal<\/span>: <a href=\"http:\/\/www.planningportal.gov.uk\/general\/news\/stories\/2013\/july13\/040713\/04072013_6\" target=\"_blank\">LINK<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A High Court judge has ruled that the Planning Inspectorate must reconsider an appeal by Hopkins Development whose 58-home scheme on the edge of Wincanton had been rejected by South Somerset District Council. The council\u2019s stance was subsequently upheld by &hellip; <a href=\"https:\/\/newsblogs.ihbc.org.uk\/?p=6096\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-6096","post","type-post","status-publish","format-standard","hentry","category-sector-newsblog"],"_links":{"self":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/6096","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6096"}],"version-history":[{"count":1,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/6096\/revisions"}],"predecessor-version":[{"id":6097,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/6096\/revisions\/6097"}],"wp:attachment":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6096"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6096"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6096"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}