Artisan have been successful on behalf of Merchant Projects in an appeal against the Mid Suffolk District Council's decision to remove Permitted Development Rights for 5 new houses. The main issue was whether the Council's imposition of a condition removing all PD Rights was reasonable in the circumstances and whether a pedestrian footpath obligated under a previous consent was still necessary.
The Inspector dismissed the Council's case on all counts. He concluded that the blanket, habitual approach of removing such rights was not warranted. Class A, B, C, D, H rights were all reinstated. He further concluded that the exceptional circumstances required to justify the removal of such rights did not exist in this particular location. Finally, he also saw neither need nor purpose for the provision of the footpath.
The decision on the appellant's application for costs is awaited.