15 April 2025
Our expert witness work has resulted in two successful appeal decisions for residential developments in Nottinghamshire and Bedfordshire.
Our Managing Director, Alexander Bennett was engaged as an expert witness at an appeal hearing for 124 homes on land off Fackley Road in Teversal for Persimmon Homes, and at a public inquiry for 57 homes on a site in Biddenham for Cala Homes.
Alex comments: “The Fackley Road site was draft allocated within the emerging Local Plan but had been refused. We hadn’t previously worked on the project so our remit was to review the existing flood risk & drainage strategy and ensure it would be robust at the appeal hearing.
“Our approach focused on the sequential test and confirming the site had been designed to exclude high and medium risk flood zones. Our analysis concluded it was necessary to redesign the drainage strategy, and I successfully defended our design at the hearing. Both the planning and legal teams commended this approach, citing it as “helpful and refreshing” for this site, and as an example for sites with similar issues. “Similarly, the Biddenham site was also allocated in the Local Plan and had outline consent. However, the Reserved Matters application was refused, with 20 reasons cited, despite a positive pre-app and over a year of negotiation by the planning team and client. Ten of these reasons were dropped before or during the appeal, and I was part of the expert team to give evidence on drainage matters. The Inspector issued his decision within two weeks, rejecting all remaining reasons. “It’s extremely pleasing to have successfully defended both applications and for these refusals to have been overturned, allowing for the creation of 181 new and affordable homes. I’d like to extend particular thanks to our clients; Robbie Steel at Persimmon Homes (Nottingham) and Neil Farnsworth at Cala Homes (Chiltern) as well as Chris Young KC, who continues to recommend MEC’s expertise. Chris and I are currently working together on other application appeals and look forward to securing further positive decisions,” adds Alex.
“Our approach focused on the sequential test and confirming the site had been designed to exclude high and medium risk flood zones. Our analysis concluded it was necessary to redesign the drainage strategy, and I successfully defended our design at the hearing. Both the planning and legal teams commended this approach, citing it as “helpful and refreshing” for this site, and as an example for sites with similar issues.
“Similarly, the Biddenham site was also allocated in the Local Plan and had outline consent. However, the Reserved Matters application was refused, with 20 reasons cited, despite a positive pre-app and over a year of negotiation by the planning team and client. Ten of these reasons were dropped before or during the appeal, and I was part of the expert team to give evidence on drainage matters. The Inspector issued his decision within two weeks, rejecting all remaining reasons.
“It’s extremely pleasing to have successfully defended both applications and for these refusals to have been overturned, allowing for the creation of 181 new and affordable homes. I’d like to extend particular thanks to our clients; Robbie Steel at Persimmon Homes (Nottingham) and Neil Farnsworth at Cala Homes (Chiltern) as well as Chris Young KC, who continues to recommend MEC’s expertise. Chris and I are currently working together on other application appeals and look forward to securing further positive decisions,” adds Alex.
Image Credit: Biddenham, Bedfordshire by Cala Homes.
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