Walker Morris planning team advises on successful filling station appeal

19th August 2020

Lindum Group Limited and BP Oil Limited overcome objections to secure permission.

The Walker Morris Planning Team has successfully advised Lindum Group Limited and BP Oil Limited in securing permission for the construction of a petrol filling station with ancillary retail floor space following an appeal.

Planning Inspector Matthew Birkinshaw granted permission of the development following a refusal of planning permission by East Riding of Yorkshire Council and extensive objections from third parties and local Parish Councils.

The issues in the appeal, in which Alison Ogley acted for the Appellant, having been instructed by Lindum Group Limited on behalf of BP Oil, were the effect of the proposal on the landscape character of the area and the effect of ancillary retail on the viability of local village shops.

Alison, and the team working on the appeal (including Nigel Cussen at the Pegasus Group who led the planning evidence in the appeal), successfully argued that the proposal would respect the intrinsic landscape character of the surrounding area in view of the small footprint of the development, the screening of the development by existing and new landscaping, and the context of the development site next to an existing, illuminated roundabout serving key arterial routes.

In respect of the effect of the proposal on local shops, the team was able to present evidence that the retail element of the proposal would not fundamentally undermine the viability of local shops which serve a different market and are more conveniently located for residents of nearby settlements whilst the development would primarily serve passing motorists.

The appeal also involved issues of ecology, impacts on trees, light pollution, residential amenity, and highway safety, which the team fully addressed.

Commenting on the decision, Alison said:

“This is a great outcome; the team worked collaboratively to present a robust case, successfully demonstrating that BP Oil’s development would not have the negative effects the local planning authority claimed. This development will now be able to proceed as planned, providing a timely boost to the local economy and serving a need for a new, modern, petrol filling station in this location.”

Lindum development manager Matthew Carter said:

“We were very happy with the service provided by Walker Morris, especially the work of Alison Ogley, who did a brilliant job on our behalf. We are delighted with the result of the planning appeal and we look forward to getting started on the next phase of this project.”