Citation: APP/D0121/W/24/3343144
A hugely important decision on flood risk & planning post-Mead from the Planning Inspectorate was made this morning (18 March 2025), allowing Persimmon Homes' appeal against North Somerset Council's non-determination of an application for planning permission for up to 190 homes at Yatton - following a lengthy and vigorously contested planning inquiry.
Although the flood risk sequential test was failed, the appeal was allowed and planning permission granted. The Inspector noted that the judgment in Mead made clear that failure to comply with the sequential test is not necessarily fatal; and he went on to hold that there were a number of reasons (see paras. 174-195 of the decision) which told in favour of granting planning permission here, including the extent of the housing shortfall, the need for some sites in areas of flood risk to come forward meet housing needs, that the proposed homes would not be at risk of flooding (only the access), that it would not increase flood risk on adjoining land, and that it is not a site at risk of sudden inundation (it would take 42 hours from first high tide to flood in the design storm event of 1 in 200 years post 2080).
After a succession of appeal decisions rejecting development in otherwise sustainable locations on flood risk grounds, this decision will be of immense interest to the planning and development sector.
Lord Banner KC acted for Persimmon Homes at the inquiry, alongside experts Kathryn Ventham & Caroline Featherston (Stantec, sequential test and planning), Nick Paterson-Neild (Stantec, housing land supply), Simon Mirams (Rappor flood risk), David Parker (Pioneer Planning Services Limited affordable housing), Nigel Jones (Chesters Harcourt, availability of alternative sites), and Chris Charlton (Clarke Willmott, planning obligations) - all supported by many other excellent professionals.
