Osborne Clarke advised Welbeck Strategic Land in successfully defending a legal challenge by South Gloucestershire Council (the council) against an appeal decision, following a six-day inquiry, for a development of 350 homes at Cleve Park in Thornbury, which also includes a 70-unit elderly care facility and community and commercial facilities.

John Baird, head of planning at Osborne Clarke, said:

“The issue of the adequacy of reasons in planning decisions has long been a fruitful ground of judicial challenge. This decision shows the court will take a pragmatic approach in dealing with such challenges, especially when the issue in question was not a main issue for the decision maker.”

Alistair Watson, senior partner at Welbeck, said:

“I am delighted that, assuming the council accepts the court’s decision, we have, at last, and two and a half years after submitting our planning application, secured planning permission for 350 new homes of which 35 per cent will be affordable.

“The only disappointment is the time it has taken to secure this permission, and, bearing in mind our original application was supported by the council’s planning officers, I hope lessons can be learnt to avoid this situation recurring, particularly when the country is suffering from such a severe housing shortage. I now look forward to working with the council’s planning officers to convert this permission into a sustainable location for people to live, and which enhances the community of Thornbury.”

John Baird and Anna Harlow of Osborne Clarke instructed Mark Lowe QC and Jack Parker of Cornerstone Barristers.