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Planning Barrister's Local Authority Success in High Court Challenge


Trinity planning barrister, Nicola Allan successfully represented East Riding Council at a High Court hearing in Manchester held on 13th and 14th April.

The owners of Lakeminster Park Limited and park resident Alan Coates applied to challenge a government planning inspector's decision to refuse retrospective planning permission for 73 park homes to remain in permanent residential occupation at Lakeminster Park in Beverley, East Yorkshire.

The planning Inquiry followed the refusal of a retrospective planning application for the retirement homes and enforcement action by East Riding Council seeking removal of the units from the site. 12 of the local residents had argued that the enforcement action would result in the loss of their homes and lifestyle and would be in breach of their Human Rights. The Planning Inspector concluded that the East Riding Council's refusal did not infringe the residents'Human Rights.

The High Court application was struck out with His Honour Judge Pelling Q.C. accepting the submissions of the Secretary of State for Communities and Local Government and East Riding Council that the application was totally without merit and was bound to fail. His Honour Judge Pelling also awarded the council and the Secretary of State their wasted costs, against both Lakeminster Park and Alan Coates.

Nicola, who is also a Chartered Town Planner, heads Chambers' Planning group and is a member of Trinity’s AgricultureBusinessChanceryJudicial Review and Regulatory practice groups.

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