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Fairview New Homes have secured planning permission on appeal for 424 new homes across two sites in Epping Forest. The Inspector concluded that the offer of SAMM payments, payments towards the emerging LPA mitigation strategy for the Epping Forest SAC, and 50% active/50% passive EV charging points was sufficient to overcome the Habitats Regulations test with his Appropriate Assessment of the schemes. There has been an effective moratorium on housing development in Epping Forest pending the Local Plan, but the decision shows how bespoke solutions provide a robust way forward in the absence of the local plan (still awaiting re-examination).

The Inspector rejected objections on design, parking and affordable housing; in respect of the latter he rejected the argument that RICS guidance makes it necessary for developers to assess multiple alternative schemes representing different design/development solutions to the site in question.

Rupert Warren QC represented Fairview, instructed by Simon Slatford at Lichfields.

Click here for the decision.

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