Home > People > Junior Counsel > Matthew Henderson

Matthew Henderson

Call: 2016

Practice Summary

Matthew practices in planning and environmental, property and public law (including non-domestic rating and public procurement law). He acts for developers, local authorities and a range of individuals and interested parties.  He frequently appears in the High Court, public inquiries and examinations, both led and unled.  In 2020, Matthew was ranked in Planning Magazine’s top 20 planning juniors under the age of 35.

Recent court work includes:

  • R. (ADVEARSE) v Dorset Council [2020] EWHC 807 (Admin) – judicial review of a decision to grant planning permission concerning the approach to the assessment of heritage impact and changes in national planning policy relating to development in the AONB.
  • London Borough of Lambeth v SSHCLG[2019] UKSC 33 – Matthew represented the London Borough of Lambeth, led by Matthew Reed QC, in an appeal to the Supreme Court concerning the approach to the interpretation of planning permissions and the extent to which it is possible to imply terms into a planning permission.
  • R. (McLennan) v Medway Council [2019] EWHC 1738 (Admin) – judicial review of a decision to grant planning permission concerning the circumstances in which the impact of development on nearby solar panels should be taken into account as a material consideration.
  • LB Brent v SSHCLG[2019] EWHC 1399 (Admin) – appeal pursuant to section 289 of the Town and Country Planning Act 1990 concerning the circumstances where a material change of use may occur by intensification.
  • R. (Loughlin) v Wiltshire Council[2018] EWHC 2493 (Admin) – judicial review of a decision to grant planning permission concerning the interpretation of national policy on good design.

Recent public inquiry and examination work includes:

  • Rectory Farm, Bow Brickhill, Milton Keynes – four day inquiry concerning residential development outside settlement boundaries and five-year housing land supply.
  • Doddington Estate, Nantwich, Cheshire – four day inquiry concerning enabling development (112 dwellings) to fund the restoration of the Doddington Estate (the leading national collection of Wyatt architecture).
  • Oakington Manor School, Wembley, London – three day enforcement inquiry concerning the event day parking in connection with Wembley Stadium.
  • Old Chase Farm, Chelmsford – four day enforcement inquiry concerning the change of use of agricultural land to storage.
  • William Court, Hall Road, London– four day inquiry concerning the refusal of planning permission for a high value development of three homes adjacent to the St John’s Wood Conservation Area.
  • Dorset Minerals Site Plan Examination– Matthew represented a local action group at the public examination.

Planning

Planning is Matthew’s principal area of practice and he represents developers, local authorities and a range of other parties (including individuals, community groups, parish councils and residents associations) in all areas of planning law. Matthew’s planning practice is broad, including both town and country planning and infrastructure planning under the Planning Act 2008. In 2020, Matthew was ranked in Planning Magazine’s top 20 planning juniors under the age of 35.

Public inquiries

Recent public inquiry work includes:

  • Old Chase Farm, Chelmsford – Matthew represented the local planning authority at a four day enforcement inquiry concerning the change of use of agricultural land to storage.
  • William Court, Hall Road, London – Matthew represented a Rule 6 Party at a four day inquiry concerning the refusal of planning permission for a high value development of three homes adjacent to the St John’s Wood Conservation Area. Key issues included heritage, daylight and sunlight and transport.
  • Cabinet at Reed, Hertfordshire – Matthew represented a Rule 6 Party at an appeal against the refusal of retrospective planning permission for the conversion of the Cabinet at Reed public house into residential use.
  • Queens Hotel, Croydon– Matthew represented a Residents’ Association at a four day inquiry into a proposal to enlarge the Queens Hotel, Croydon.  Key issues included heritage (involving both the Church Road Conservation Area and locally listed buildings), transport (including parking stress and highway safety), design and residential amenity.
  • Hutton Cranswick, East Riding of Yorkshire– Matthew represent the local planning authority, led by Charles Banner QC, at a six day public inquiry concerning the refusal of planning permission for 67 dwellings on an unallocated greenfield site. Key issues included whether the local planning authority could demonstrate a five year housing land supply and whether the appeal scheme was acceptable in terms of landscape and visual impact.
  • Dorset Minerals Site Plan Examination – Matthew represented a local action group at the public examination. Key issues included habitats and SEA.

A full list of recent inquiry work can be accessed using the ‘Inquiries’ tab.

Judicial reviews, statutory reviews, statutory appeals and injunctions

Matthew also has a busy court practice, including statutory reviews, statutory appeals, injunctions and judicial reviews.  Recent examples of court work includes:

  • R.(ADVEARSE) v Dorset Council [2020] EWHC 807 (Admin) – Matthew represented the claimant, a local community organisation in a judicial review of a decision to grant planning permission concerning the approach to the assessment of heritage impact and changes in national planning policy relating to development in the AONB.
  • London Borough of Lambeth v SSHCLG[2019] UKSC 33 – Matthew represented the London Borough of Lambeth, led by Matthew Reed QC, in an appeal to the Supreme Court concerning the approach to the interpretation of planning permissions and the extent to which it is possible to imply terms into a planning permission.
  • London Borough of Brent v SSHCLG[2019] EWHC 1399 (Admin)– Matthew represented the second respondent, the landowner, in an appeal pursuant to section 289 of the Town and Country Planning Act 1990 concerning material changes of use by virtue of intensification and event day parking for Wembley Stadium.
  • McLennan v Medway Council [2019] EWHC 1738 (Admin) – Matthew represented the local planning authority in a judicial review concerning whether the impact of a proposed development on a neighbour’s solar panels was a material planning consideration.
  • Frankl v London Borough of Barnet [2019] EWHC – Matthew represented the claimants in a judicial review of the local planning authority’s decision to continue a prosecution pursuant to section 179 of the Town and Country Planning Act 1990 for failing to comply with an enforcement notice.  After the grant of permission, the local planning authority reconsidered the decision to prosecute and acceded to an out of court disposal.
  • HB (LCS) Limited v Chorley BC [2018] EWHC – Matthew represented the defendant (with Simon Pickles) in this Part 8 claim concerning a dispute over an overage provision in a s. 106 agreement. Key issues included the interpretation of the overage clause and whether an alternative dispute resolution clause was engaged.
  • Loughlin v Wiltshire Council[2018] EWHC 2493 (Admin) – Matthew represented the local planning authority in a judicial review of a decision to grant planning permission concerning the interpretation of the NPPF policies on design.

Matthew is also involved in two ongoing High Court cases concerning injunctions for breaches of planning control pursuant to s. 187B of the Town and Country Planning Act 1990 and non-compliance with tree preservation regulations pursuant to s. 214A of the Town and Country Planning Act 1990.

Infrastructure

In addition to town and country planning, Matthew’s practice also includes infrastructure planning under the Planning Act 2008.  Recent examples of this work includes:

  • Advising on the incorporation and drafting of arbitration clauses into a development consent order for an offshore wind farm.
  • Acting, with Charles Banner QC, for the Arora Group, one of the principal landowners at and around Heathrow Airport and the promoter of the ‘Heathrow West’ proposal which seeks to construct and operate a new terminal facility at Heathrow as part of the North-West Runway scheme and in competition with the existing terminals operated by Heathrow Airport Limited.
  • Advising on proposed amendments to a development consent order (with David Elvin QC).
  • Advising on whether a development amounted to a nationally significant infrastructure project (with Charles Banner QC).

Advisory

Matthew advises on a broad range of matters and recent examples include:

  • compulsory purchase (including advice on compensation);
  • advising on highways (including the extent of the highway, the creation and adoption of highways, the vesting of highways, footpaths and bridleways, and the diversion of footpaths to allow development to proceed);
  • advising on liability for and collection of community infrastructure levy;
  • advising on s. 106 agreements (including enforceability and subsequent development);
  • advising on five year housing land supply matters (for both developers and local authorities);
  • advising on enforcement matters, including the validity of enforcement notices, stop notices, and prosecutions for failing to comply with enforcement notices; and
  • advising on habitats and EIA matters.

Property

Matthew’s property law practice compliments his planning work by encompassing a range of matters related to the acquisition of sites for development, overcoming obstacles to development and dealing with property disputes.  He has appeared in the County Court and High Court on a range of property related matters and has a busy advisory practice. Recent work has included the following matters:

  • Highways, including the extent of the highway, the creation and adoption of highways, the vesting of highways, footpaths and bridleways, and the diversion of footpaths to allow development to proceed.
  • Restrictive covenants, including the enforceability of restrictive covenants relating to the development of land and claims for breach of restrictive covenants.
  • Party walls, concerning issues arising from the ongoing development of land, including consideration of easements of support.
  • Trespass and adverse possession, including boundary disputes and issues arising from encroaching developments.
  • Landlord and tenant issues, including both residential tenancies and business tenancies under the Landlord and Tenant Act 1954, in the context of assembling land for development, obtaining possession, disrepair, property notices and the management of investment property.
  • Leasehold enfranchisement, in particular costs arising from leasehold enfranchisement. Matthew appeared in Trustees of John Lyon’s Charity v Terrace Freehold LLP [2018] UKUT (LC), one of the leading cases on the issue of such costs.
  • Land registration.

Public (including public procurement)

Public procurement

Matthew has experience of a range of public procurement matters, in particular those within the scope of the Public Contract Regulations 2015.  For example:

  • Advising a local authority on a development agreement for the provision of housing and sports facilities.
  • Advising the Secretary of State for the Home Department on a tender for the Youth Endowment Fund (a £200 million grant fund which is designed to help tackle serious youth crime).

Information law

Matthew has experience of matters under both the Freedom of Information Act 2000 (“FOIA 2000”) and the Environmental Information Regulations 2004 (“EIR 2004”).  For example:

  • Advising the Department for Work and Pensions (led by Toby Fisher) on a an appeal under the FOIA 2000.
  • Acting in an appeal to the First-tier Tribunal under the EIR 2004.
  • Acting for a complainant to the Information Commissioner’s Officer under the FOIA 2000.

Qualifications

  • BA English Language and Literature – University College, University of Oxford
  • Graduate Diploma in Law – City University, London
  • Bar Professional Training Course – BPP University, London
  • Buchanan Prize – Lincoln’s Inn
  • Advocacy Scholarship – BPP University
  • 1st Place – Property Bar Association Essay Competition 2016
  • 1st Place – UK Environmental Law Association Essay Competition 2015
  • 1st Place – Blackstones/UH National Criminal Advocacy Competition 2016 (1st place team and individual)
  • 3rd Place – Gluckstein Advocacy Competition, Lincoln’s Inn

Inquiries

Land at Rectory Farm, Woburn Sands Road, Bow Brickhill, Milton Keynes

25/03/2020

Matthew successfully represented the local planning authority at this four day inquiry concerning residential development (28 dwellings).  The main issues included: five-year housing land supply; residential amenity; and design.  The appeal was dismissed and the Inspector accepted the local planning authority’s arguments on all of the main issues, including a finding that the local planning authority could demonstrate a five year housing land supply despite earlier appeal decisions to the contrary.

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Inquiries

Doddington Estate, nr. Nantwich, Cheshire

11/02/2020

Matthew represented the local planning authority at this four day inquiry concerning a large enabling development scheme (112 dwellings) to fund restoration of the Doddington Estate, which contains the most significant collection of Wyatt architecture in England (including multiple listed buildings).  The main issues included: the heritage impact of the enabling development; viability; and the locational sustainability of the enabling development.

:

Inquiries

Oakington Manor School, Wembley, London

04/02/2020

Matthew successfully represented the appellant at this three day enforcement inquiry concerning the use of Oakington Manor School for event day parking in connection with Wembley Stadium.  The main issues included whether the parking was immune from enforcement action by the passage of time and the acceptability of the parking in planning terms, having particular regard to the important contribution it made to the School’s finances.

:

Inquiries

Land north of Cranfield Road, Woburn Sands, Milton Keynes

14/01/2020

Matthew represented the local planning authority, led by Reuben Taylor QC, at this two week inquiry concerning residential development (203 dwellings, doctor’s surgery and open space).  The main issues included five year housing land supply, the density of the development and locational sustainability.

:

Inquiries

Waterbeach Waste Management Park, Waterbeach, Cambridge

05/11/2019

Matthew represented the developer, led by David Elvin QC, at this three week inquiry concerning the construction of an energy from waste plant.  The main issues included: the need for the development, the impact of the development on the Denny Abbey Complex (a scheduled monument and collection of listed buildings); the landscape impact of the development; the environmental impact of the development; and the safety of the development.

:

Inquiries

Napier Road, Gillingham, Kent

10/09/2019

Matthew represented the local planning authority at this three day enforcement inquiry concerning the change of use of industrial units into residential dwellings.  The main issue was whether the development was immune from planning control.

:

Inquiries

Proposed 67 dwelling development at Hutton Cranswick, East Riding of Yorkshire

02/04/2019

This was a 6 day public inquiry into an appeal by Williamsfield Developments Ltd into the refusal by East Riding of Yorkshire District Council of its application for outline planning permission for 67 dwellings on an unallocated greenfield site outside the settlement boundary at Hutton Cranswick.

A central issue in the appeal was whether the Council was able to demonstrate a deliverable 5 year housing land supply (‘5YHLS’). In 2017, the Council emphatically succeeded in fending off a sustained challenge to its claimed 5YHLS at 3 appeals by Gladman (in South Cave, Holm-on-Spalding Moor and Pocklington), two of which resulted in costs awards in favour of the Council. Those appeal decisions received a nationally high profile in the planning & development industry at the time and were treated as illustrative of the demanding task facing appellants seeking to interrogate a local authority’s 5YHLS following the Court of Appeal’s judgment in the St Modwen  case concerning the interpretation of the definition of ‘deliverable’ in the 2012 National Planning Policy Framework. In the Hutton Cranswick appeal, the Appellant sought to re-open the argument in reliance on the revised definition of ‘deliverable’ in the 2018 and 2019 versions of the NPPF and having regard to the accompanying Planning Practice Guidance. The Council contended that the Appellant had misunderstood the revised definition and that its application of the definition to the Council’s claimed 5YHLS was misplaced.

The forthcoming decision of the Inspector (Philip Ware DipTP MRTPI) is likely to be one of, if not the, leading early appeal decisions on the effect of the new NPPF and PPG on determining 5YHLS in the context of planning decision-making.

Charles Banner QC and Matthew Henderson appeared for East Riding of Yorkshire Council, instructed by Peter Atkinson of the Council’s legal department. Charles appeared in all 3 of the 2017 appeals in which the Council successfully defended its 5YHLS, with Matthew in the latter two.

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Inquiries

Queens Hotel, Croydon

26/02/2019

Matthew represented a Residents’ Association at a four day inquiry into a proposal to enlarge the Queens Hotel, Croydon.  Key issues included heritage (involving both the Church Road Conservation Area and locally listed buildings), transport (including parking stress and highway safety), design and residential amenity.

:

Inquiries

The Cabinet at Reed, Hertfordshire

08/11/2018

Matthew appeared for a local action group in an appeal against the refusal of planning permission for the conversion of the Cabinet pub at Reed into a residential dwelling. The key issues (in respect of which the action group called its own evidence) included heritage (the Cabinet is grade II listed), viability, assets of community value status and intentional unauthorised development.

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Inquiries

Parchment Street, Chichester

30/10/2018

Matthew appeared for a local planning authority in an appeal against a listed building enforcement notice, concerning modifications to a grade II listed terrace of houses.

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Inquiries

Old Chase Farm, Chelmsford

29/10/2018

Matthew appeared for the local planning authority in an appeal against an enforcement notice alleging a material change of use of agricultural land to commercial storage.    The inquiry lasted four days and the key issues included the identification of the planning unit, dormant uses and supervening planning events.

:

Inquiries

Dorset Mineral Site Plan Examination

25/09/2018

Matthew appeared for a local action group opposing the allocation of a cluster of sites over the course of a multi-day examination into the Dorset Mineral Site Plan.  Key issues included the impact on designated heritage assets (including conservation areas, grade I listed buildings and scheduled monuments), Strategic Environmental Assessment and biodiversity.

:

Inquiries

William Court, Hall Road, St John’s Wood, London

18/09/2018

Matthew acted for the successful Rule 6 Party in an appeal against the refusal of planning permission by Westminster City Council for a high value development of three homes adjacent to the St John’s Wood Conservation Area. The inquiry lasted for four days and the key issues (all of which the action group called evidence in respect of) included heritage, design, daylight and sunlight, and parking.

:

Inquiries

Old High Street, Headington, Oxford

12/06/2018

Matthew acted for the developer in an appeal against the refusal of a certificate of lawfulness for proposed use or development. The appeal concerned the proposed construction of residential dwellings on a site within the Headington Conservation Area relying on an historic planning permission.

:

Inquiries

Godfrey Ermen Playing Fields, Abbey Hey, Manchester

22/05/2018

Matthew acted for the successful applicants in respect of the registration of Godfrey Ermen Playing Fields as a village green. The application was heard by an Inspector at a four day inquiry in May 2018. Key issues included whether the activities of dog walkers were a qualifying sport or pastime and whether the use was without force.

Click here for more details.

:

Inquiries

Melbourne Road, Leyton, London

03/10/2017

Appeal against refusal of certificate of lawfulness for existing use or development in respect of the subdivision of a dwellinghouse into flats.

:

Inquiries

Holme-on-Spalding Moor and Pocklington, East Riding of Yorkshire

16/08/2017

Matthew appeared for the successful local planning authority (led by Charles Banner) at two multi-week inquiries concerning residential development at Holme-on-Spalding Moor and Pocklington.  Both inquiries considered whether the local planning authority were able to demonstrate a five year housing land supply.  Other key issues included landscape and visual impact and highways impact.

Click here for more details.

:

Inquiries

Land at Rectory Farm, Woburn Sands Road, Bow Brickhill, Milton Keynes

25/03/2020

Matthew successfully represented the local planning authority at this four day inquiry concerning residential development (28 dwellings).  The main issues included: five-year housing land supply; residential amenity; and design.  The appeal was dismissed and the Inspector accepted the local planning authority’s arguments on all of the main issues, including a finding that the local planning authority could demonstrate a five year housing land supply despite earlier appeal decisions to the contrary.

:

Inquiries

Doddington Estate, nr. Nantwich, Cheshire

11/02/2020

Matthew represented the local planning authority at this four day inquiry concerning a large enabling development scheme (112 dwellings) to fund restoration of the Doddington Estate, which contains the most significant collection of Wyatt architecture in England (including multiple listed buildings).  The main issues included: the heritage impact of the enabling development; viability; and the locational sustainability of the enabling development.

:

Inquiries

Oakington Manor School, Wembley, London

04/02/2020

Matthew successfully represented the appellant at this three day enforcement inquiry concerning the use of Oakington Manor School for event day parking in connection with Wembley Stadium.  The main issues included whether the parking was immune from enforcement action by the passage of time and the acceptability of the parking in planning terms, having particular regard to the important contribution it made to the School’s finances.

:

Inquiries

Land north of Cranfield Road, Woburn Sands, Milton Keynes

14/01/2020

Matthew represented the local planning authority, led by Reuben Taylor QC, at this two week inquiry concerning residential development (203 dwellings, doctor’s surgery and open space).  The main issues included five year housing land supply, the density of the development and locational sustainability.

:

Inquiries

Waterbeach Waste Management Park, Waterbeach, Cambridge

05/11/2019

Matthew represented the developer, led by David Elvin QC, at this three week inquiry concerning the construction of an energy from waste plant.  The main issues included: the need for the development, the impact of the development on the Denny Abbey Complex (a scheduled monument and collection of listed buildings); the landscape impact of the development; the environmental impact of the development; and the safety of the development.

:

Inquiries

Napier Road, Gillingham, Kent

10/09/2019

Matthew represented the local planning authority at this three day enforcement inquiry concerning the change of use of industrial units into residential dwellings.  The main issue was whether the development was immune from planning control.

:

Inquiries

Proposed 67 dwelling development at Hutton Cranswick, East Riding of Yorkshire

02/04/2019

This was a 6 day public inquiry into an appeal by Williamsfield Developments Ltd into the refusal by East Riding of Yorkshire District Council of its application for outline planning permission for 67 dwellings on an unallocated greenfield site outside the settlement boundary at Hutton Cranswick.

A central issue in the appeal was whether the Council was able to demonstrate a deliverable 5 year housing land supply (‘5YHLS’). In 2017, the Council emphatically succeeded in fending off a sustained challenge to its claimed 5YHLS at 3 appeals by Gladman (in South Cave, Holm-on-Spalding Moor and Pocklington), two of which resulted in costs awards in favour of the Council. Those appeal decisions received a nationally high profile in the planning & development industry at the time and were treated as illustrative of the demanding task facing appellants seeking to interrogate a local authority’s 5YHLS following the Court of Appeal’s judgment in the St Modwen  case concerning the interpretation of the definition of ‘deliverable’ in the 2012 National Planning Policy Framework. In the Hutton Cranswick appeal, the Appellant sought to re-open the argument in reliance on the revised definition of ‘deliverable’ in the 2018 and 2019 versions of the NPPF and having regard to the accompanying Planning Practice Guidance. The Council contended that the Appellant had misunderstood the revised definition and that its application of the definition to the Council’s claimed 5YHLS was misplaced.

The forthcoming decision of the Inspector (Philip Ware DipTP MRTPI) is likely to be one of, if not the, leading early appeal decisions on the effect of the new NPPF and PPG on determining 5YHLS in the context of planning decision-making.

Charles Banner QC and Matthew Henderson appeared for East Riding of Yorkshire Council, instructed by Peter Atkinson of the Council’s legal department. Charles appeared in all 3 of the 2017 appeals in which the Council successfully defended its 5YHLS, with Matthew in the latter two.

:

Inquiries

Queens Hotel, Croydon

26/02/2019

Matthew represented a Residents’ Association at a four day inquiry into a proposal to enlarge the Queens Hotel, Croydon.  Key issues included heritage (involving both the Church Road Conservation Area and locally listed buildings), transport (including parking stress and highway safety), design and residential amenity.

:

Inquiries

The Cabinet at Reed, Hertfordshire

08/11/2018

Matthew appeared for a local action group in an appeal against the refusal of planning permission for the conversion of the Cabinet pub at Reed into a residential dwelling. The key issues (in respect of which the action group called its own evidence) included heritage (the Cabinet is grade II listed), viability, assets of community value status and intentional unauthorised development.

:

Inquiries

Parchment Street, Chichester

30/10/2018

Matthew appeared for a local planning authority in an appeal against a listed building enforcement notice, concerning modifications to a grade II listed terrace of houses.

:

Inquiries

Old Chase Farm, Chelmsford

29/10/2018

Matthew appeared for the local planning authority in an appeal against an enforcement notice alleging a material change of use of agricultural land to commercial storage.    The inquiry lasted four days and the key issues included the identification of the planning unit, dormant uses and supervening planning events.

:

Inquiries

Dorset Mineral Site Plan Examination

25/09/2018

Matthew appeared for a local action group opposing the allocation of a cluster of sites over the course of a multi-day examination into the Dorset Mineral Site Plan.  Key issues included the impact on designated heritage assets (including conservation areas, grade I listed buildings and scheduled monuments), Strategic Environmental Assessment and biodiversity.

:

Inquiries

William Court, Hall Road, St John’s Wood, London

18/09/2018

Matthew acted for the successful Rule 6 Party in an appeal against the refusal of planning permission by Westminster City Council for a high value development of three homes adjacent to the St John’s Wood Conservation Area. The inquiry lasted for four days and the key issues (all of which the action group called evidence in respect of) included heritage, design, daylight and sunlight, and parking.

:

Inquiries

Old High Street, Headington, Oxford

12/06/2018

Matthew acted for the developer in an appeal against the refusal of a certificate of lawfulness for proposed use or development. The appeal concerned the proposed construction of residential dwellings on a site within the Headington Conservation Area relying on an historic planning permission.

:

Inquiries

Godfrey Ermen Playing Fields, Abbey Hey, Manchester

22/05/2018

Matthew acted for the successful applicants in respect of the registration of Godfrey Ermen Playing Fields as a village green. The application was heard by an Inspector at a four day inquiry in May 2018. Key issues included whether the activities of dog walkers were a qualifying sport or pastime and whether the use was without force.

Click here for more details.

:

Inquiries

Melbourne Road, Leyton, London

03/10/2017

Appeal against refusal of certificate of lawfulness for existing use or development in respect of the subdivision of a dwellinghouse into flats.

:

Inquiries

Holme-on-Spalding Moor and Pocklington, East Riding of Yorkshire

16/08/2017

Matthew appeared for the successful local planning authority (led by Charles Banner) at two multi-week inquiries concerning residential development at Holme-on-Spalding Moor and Pocklington.  Both inquiries considered whether the local planning authority were able to demonstrate a five year housing land supply.  Other key issues included landscape and visual impact and highways impact.

Click here for more details.

:
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