Secretary of State grants permission for 495 homes in Brighton and awards full costs

The Secretary of State has granted planning permission to Berkeley Homes for the redevelopment of the Brighton Gasworks site for a mixed-use development, including 495 dwellings, Class E floorspace, and public realm. This follows an inquiry held in March this year.

The Secretary of State has also provided a full award of costs, having concluded that:

1. the Council prevented or delayed development which should clearly be permitted, having regard to its accordance with the development plan, national policy and all other material considerations;
2. the Council failed to produce evidence to substantiate each reason for refusal on appeal, made vague, generalised or inaccurate assertions about a proposal’s impact and failed to determine similar cases in a consistent manner; and
3. there were substantial procedural failings on the Council’s part including an obstructive and untimely approach to the Statement of Common Ground, the submission of a Statement of Case which was bereft of meaningful detail and a failure to review its case promptly following a material change in national policy.

James Maurici KC and Nick Grant appeared for Berkeley Homes, instructed by Claire Dutch, Olivia Barton and Alice Rowland at Ashurst LLP. The expert witness team included Ben Ford (Quod), Colin Pullan (Pegasus Group), Andrew Smith (Fabrik), Simone Pagani (GIA), and Dr Chris Miele (Montagu Evans). 

A copy of the appeal decision and inspector report can be found here.

A copy of the costs decision and inspector report can be found here.