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Cluttons Gets Rejected Application Overturned

Cluttons has overturned a rejected planning application for its client Windmill Developments Ltd bringing a three year battle with the local borough to an end.

The strategic property consultancy won the appeal on behalf of its client who can now finally develop 49 residential units on the former car sales site at Windmill Hill in Enfield. 

Enfield Borough Council originally turned down the application primarily because there would not be 35% provision of affordable housing – usually associated with much larger scale developments.

During the appeal process, Cluttons demonstrated 35% affordable housing would not be viable in this case and that in fact the developer’s affordable housing element was within the right guidance together with CIL provision, and that the housing met with the Local Plan requirements.  The appeal was successful in November 2021 following the latest application being rejected in April 2020.

Giles Sutcliffe, head of affordable planning at Cluttons, said: “This is a prime example of sites that are perfect for housing becoming locked due to a lack of commerciality and flexibility when it comes to affordable housing decisions. Our client is a small developer who was going to bring forward 49 much-needed homes in the area on a site that is currently sitting as disused commercial and car retail. Across the UK there are hundreds if not thousands of these sites that, if unlocked, could bring forward homes that would help meet targets, rather than sitting  vacant for years and costing developers more and more money. At the same time, housing lists are getting longer and councils are paying over the odds for temporary accommodation. While affordable housing is essential, if developments cannot be developed due to such deadlocks, then no affordable housing will be delivered either. We need to reach the stage whereby planning committees can see the bigger picture and be more flexible for smaller developments rather than enforcing a rule that was put in place mainly for large several phased schemes being built by bigger developers.”