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Ipswich Borough Council ordered to pay costs to Jeavee Ltd after despite appeal to build student flats in Tyr Road being rejected





A council has been ordered to pay costs to a developer following an Ipswich planning row.

Jeavee Ltd appealed against Ipswich Borough Council’s (IBC) decision to refuse plans for a five-storey block of student flats after the decision was made in April last year.

This appeal was dismissed by inspector John Felgate last month.

The development would have been built in Tye Road if approved. Picture: Google
The development would have been built in Tye Road if approved. Picture: Google

However, he ruled Jeavee was entitled to payment as he felt one reason for the plans’ rejection was unjustified.

Mr Felgate said the scheme, involving 160 flats, could have brought benefits, such as adding to housing stock and supporting the growth of the university and leading to some investment in the area.

However, it would conflict with the Site Allocations and Policies (SAP) implemented by the council due to its failure to provide open space on site.

Mr Felgate said: “I have found no significant harm to the area’s character and appearance, or to the living conditions of neighbouring occupiers, and thus no conflict with any relevant policies in these respects.

“Looking at the development plan as a whole however, it seems to me that, on balance, the scheme would fail to accord with the plan’s most relevant policies.”

One reason for the plans’ refusal related to SP27 of the SAP, which identified sites with existing planning permissions and, if these schemes were not implemented, protected them for residential developments.

Mr Felgate felt this reason relied on ‘vague, inaccurate and unsupported’ statements and was ‘unfounded in all respects’.

The council said sites included in this policy did not include student accommodation, but Mr Felgate said neither the policy nor the text made any distinction between student housing and other types of residential development.

IBC also felt the need for student accommodation was not identified during an assessment.

He said the development fell within the land-use requirement of the policy and granted Jaevee’s application for costs.

While full costs were not granted, the firm was given a partial award.

Jeavee has been invited to submit details of costs to IBC.