Planning Insight defends the decision of the authority to refuse an application, that will add over 100 additional pupils to an existing private school. The matter was heard at a full Public Inquiry focusing on expert witnesses presenting for both sides.
As the go-to planning consultant, our team was tasked to defend the decision of the planning sub-committee to overturn the recommendation of the planning officer. It was our obligation to ensure that costs could not be claimed against the authority.
We secured the services for external experts, in relation to transportation, and relied on our own planning obligations and the enforcement expertise of Troy Healy. In combination, the team targeted both the accuracy information used to justify the submission, and the ability of the authority to enforce the restrictions on the school.
The work of the team uncovered critical weaknesses in the technical arguments presented by the school, which resulted an award of costs against them. The inspector found in favour of our client, based on the arguments made by our expert witnesses. The inspector agreed that enforcement of the proposed obligations would not have any meaningful effect, or that any reduction on car use could be reliably achieved.
- The appeal dismissed.
- An award of costs was given.
“I worked with Planning Insight, specifically Troy Healy, on a complex, and rare, s.106B inquiry regarding a proposed amendment to a s. 106 obligation relating to the maximum number of pupils permitted to attend an independent school. I found Troy to be an able, conscientious and effective witness. He was a valuable team member throughout the process and I consider that Planning Insight’s involvement positively contributed to a successful outcome for the client”.