Two previous consultants had failed to secure the change of use of ground floor retail space into residential apartments. The Council continued to resist the change on the basis of a policy requirement to protect existing retail facilities as well as seeking an affordable housing component. We negotiated away the ‘affordable’ issue.

The policy reason against loss of retail space was addressed at a public inquiry. We instructed Counsel and gave effective evidence to demonstrate that even if this policy were relevant, key tests had been patently misapplied. The Inspector agreed on the basis of our having demonstrated no harm to local community interests. An award of costs was awarded against the Council.