Appeals – a beginners guide

Planning & Design_Appeals

The planning appeals process is often seen as something of a dark art shrouded in secrecy. Here, our Director Richard Pigott seeks to demystify the process with some key facts about what you can expect when you seek to challenge a council’s decision.

Planning appeals are decided by the Planning Inspectorate (PINs), an independent governmental body based in Bristol but with Inspectors based all over the country.

Appeals are typically lodged by an applicant against the refusal of planning permission, although it is also possible to appeal against specific planning conditions on an approval. In fact, you don’t actually have to wait for the council to make a decision before you lodge an appeal – if the application is not determined within the statutory time frame (8 weeks for householder and minor applications and 13 weeks for major applications) you can appeal against non-determination of the application. However, you should think twice before doing so as appeals are not a quick option – they generally take 4-6 months to decide. But if you know which direction the application is heading you can effectively take matters out of the council’s hands and leave it to PINs to decide.

There are 3 types of appeal procedures: written representations; an informal hearing; and an inquiry.

It is possible to request a particular procedure, although PINs will ultimately decide on the most appropriate procedure based upon a number of criteria.

Most appeals will be decided by way of written representations, with only the more complex and/or controversial appeals being determined by hearings or inquiries. The informal hearing takes the form of a round the table discussion led by the Inspector whereas the format of a Public Inquiry is more adversarial and legal representation in the form of a barrister is often sought. A benefit of these processes is that they provide opportunities for presentation and discussion of the evidence from both the Council and the appellant and 3rd party expert witnesses can be invited. Thus, your credibility as appellant and the positive aspects of a project can be promoted to best effect. It follows, therefore, that appeal costs can ramp up significantly, particularly for a public inquiry.

Something we are often asked by clients is whether they will get their costs back if they win the appeal. Parties in planning appeals normally meet their own expenses and costs do not, as a rule, follow the result. However, where a party has:

– (1) behaved unreasonably; and
– (2) this has directly caused another party to incur unnecessary or wasted expense, they may be subject to an award of costs.

In practice, examples where costs may be awarded include, inter alia, failure to substantiate a stated reason for refusal; Planning Authorities clearly failing to have regard to government policy or its own adopted policies; Appellants pursuing a clear ‘no hope’ case; Late withdrawal of an appeal, late cancellation of an event or late cancellation of an enforcement notice.

Another question we are often asked is what are the chances of success at appeal? For householder appeals in 2021/22, 36% of appeals were allowed. For all other appeals (excluding enforcement and listed building appeals) the figures for 2021/22 show that the percentage of appeals allowed was 28% for written representations, 37% for hearings and 55% for inquiries. Nationally the average success rate is around 36% of all appeals, although this varies significantly depending on the type of appeal.

It is clear, therefore, that the chances of success improve significantly when the appellant is able to put their case more extensively and persuasively at a hearing or inquiry. It is, however, also fair to say that a well-argued case will significantly improve one’s chances of success whichever procedure an appeal follows. At PDP we pride ourselves on doing exactly this and in this link will showcase some case studies which illustrate the breadth of our appeals experience.

Richard Pigott, Director – Chartered Town Planner, Planning & Design Practice Ltd

Next Level – Increasing parking capacity at Royal Derby Hospital

Royal Derby Hospital

Helping to provide infrastructure for the 21st century, and support as visitor numbers increase to pre-Pandemic levels, Planning & Design Practice have helped the Derby and Burton University Hospitals Trust to secure planning permission for a new Multi-Storey Car Park (MSCP) at the Royal Derby Hospital.

The hospital currently has 1098 on-site parking spaces, predominately reserved for use by visitors. The new development will see the construction of a new 874 space Multi-Storey car park, primarily for hospital visitors, on the surface of the existing Car Park 6. The proposed new MSCP will replace and increase the 385 spaces that are currently provided by Car Park 6, together with 189 car parking spaces that have been, or will be lost as a result of modifications to the Royal Derby Hospital site. As a result, there will be a net increase of 300 spaces provided by the MSCP, taking the total of on-site spaces to 1398.

Surveys indicate that at peak visitor times there are currently up to 72 visitors queuing to wait for a space in one of the car parks. The new MSCP will alleviate this problem.

The increasing centralisation of health services, and the growing and increasingly dispersed catchment of the Royal Derby Hospital merits this additional resource. Added to this are an ageing population, a 4% increase in patient numbers and the very real fact of a post Covid backlog that will drive a 20% increase in surgery admissions, and the associated patient and visitor journeys

The new MSCP will also help ease congestion of what is known as the Hospital Gyratory, the A5111/ Uttoxeter New Road roundabout, removing queues on the hospital’s own one-way system and preventing spill out onto the public highway.

The MSCP will be delivered in tandem with numerous sustainable travel initiatives which form part of the Trusts award-winning Green Travel Plan.

Planning & Design Practice have 20 years-experience of providing consultancy services to the public sector. We have worked for many District and Unitary Local Authorities, Government Agencies and Parish Councils and as planning consultants for the University Hospitals of Derby and Burton NHS Foundation Trust. We have delivered new buildings and facilities across Southern Derbyshire, East Staffordshire and Shropshire including a 3-storey ward extension across the front of Derby Royal Hospital, plus a new operating theatre and day patient ward and an extension to the staff car park. We have also helped secure planning permission for ward extensions at the Queen’s Hospital, Burton-on-Trent, and the Royal Hospital Shrewsbury.

For more information on our team and our work, and to find out how we can help you achieve a positive planning decision contact us on 01332 347371 for a no obligation consultation.

Another Class Q Barn Conversion Approval in Derbyshire Dales

PDP_barn Conversion Derbyshire, Derbyshire Barn Conversion

Successful planning application for Derbyshire barn conversion. Planning & Design Practice is pleased to announce that planning permission has recently been secured for the change of use and associated building operations of a modern agricultural building to form a single house in the Derbyshire Dales (application ref: 22/00142/PDA).

The application was accompanied by illustrative plans prepared by our Architectural team. The external alterations to the building in this scheme had been sensitively designed to respect the agricultural character of the existing building and its rural surroundings, and only consist of the insertion of windows to provide a functional but attractive internal living environment which were reasonably necessary for the building to function as a dwellinghouse.

It was proposed to retain all the existing external cladding as part of the application (including concrete block work, fibre cement sheeting, timber boarding and corrugated metal sheeting). The application was accompanied by a Construction Methodology which clearly highlighted the associated building operations. No demolition was proposed as part of the scheme however, some of the existing corrugated cladding from the rear facing lean-to projection would be stripped back but the steel frame would be retained as an open feature within the proposed garden area.

Derbyshire barn conversion
Figure 1: Proposed elevations of the barn conversion in Derbyshire
Figure 2: Proposed ground and first floor plans of the barn conversion in Derbyshire

The main issue from the Local Planning Authority was with regard to the extent of demolition proposed as part of the application. Through constructive conversations with the Planning Officer and the submission of additional supporting information, in the form of recently allowed planning appeal decisions we managed to resolve initial concerns raised by the Local Planning Authority.

Class Q Barn Conversions are something Planning & Design Practice are well versed in, having helped lots of clients imagine and realise their dream homes. The permitted development right legislation is a notoriously complicated and complex issue with many Planning Authorities. Since the permitted development right legislation was introduced, there have been several notable appeal decisions which have altered and clarified how Class Q applications should be dealt with by an Authority. You can read more about this here.

We have vast experience of working on barn conversions, both via full planning and/or prior approval (Class Q) application routes. For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch.

Andrew Stock, Principal Planner, Planning & Design Practice Ltd.

Main Image: Photograph of the Dutch barn to be converted

The window is opening for protected species surveys

Protected Species

We share our buildings and spaces with other animals and with plants (including trees). On many potential development sites, both residential and commercial, many animals and plants are protected species and the Council needs to know what is there and the means of protection or mitigation.

Protected species include bats, badgers, reptiles, amphibians, birds, and plants. In preparing a planning application, where protected species are likely to exist; protected species surveys have to be prepared by an ecologist or a recognised expert and submitted as part of a planning application.

These surveys can only be done at the right time of year. Great Crested Newts became the poster boy for delay in the planning system because the window for undertaking a Great Crested Newt (GCN) survey is noticeably short. For example, an eDNA GCN survey the window is mid-April to the middle of June.

This means that if an application is submitted in July but without a required eDNA survey, a decision on the application would be delayed for a year and for many councils, a planning application would not be validated unless accompanied by the survey.

On sites with multiple protected species, surveys have to be done at the right time of year. This needs forward planning and can extend the preparation period for a planning application.

For example, a former quarry development site containing a badger sett, some derelict buildings, areas suitable for reptiles and two ponds.

The following surveys will be required:

  • A badger survey – (any time throughout the year)
  • eGCN survey (mid-April to mid-June)
  • An amphibian survey (May to September)
  • A bat emergence survey (three visits May to September)
  • Breeding birds (March to July)
  • A reptile survey (March to October).
  • Plant habitat surveys – (May to September)

Spring is the best time of year for multiple surveys, and it is important to get these surveys in place when you can. Please note that ecologists are very busy at key times of the year and will need to be booked well in advance.

This issue is likely to become even more important as this country commits itself to improving biodiversity and the planned uplift in biodiversity on larger development sites.

Jonathan Jenkin, Consultant, Planning & Design Practice Ltd

Decision overturned allows conversion to flourish

PDP_Decision Overturned

Decision overturned! Planning & Design Practice successfully overturned a decision to refuse prior approval for the change of use of an agricultural building to three dwellings at Flourish Farm, Dale Abbey, Derbyshire under Class Q of the General Permitted Development Order (GPDO).

The building is a simple structure, enclosed on three sides with concrete block work walls. Above the block work the walls of the barn are finished in vertical timber cladding on two sides (north and west elevations), the east elevation is clad in profiled steel cladding above this, the roof is corrugated metal sheet roof.

The main issue the Inspector had to consider was whether the appeal building would be capable of functioning as a dwelling and whether the proposed development would fall within the definition of development permitted by the GPDO.

The Inspector found that the building would be capable of functioning as three dwellings, concurring with the appellant’s position that the building is structurally sound, and no significant improvements or modifications are required to facilitate the conversion.

The Inspector also agreed that the installation of new external walls only represents a small percentage of the building, disagreeing with the Council’s position that the closing of these openings would be so significant to amount to a rebuilding of the barn.

On the basis on the above the Inspector resolved to grant the appeal and allow the conversion of the building under Class Q of the GPDO.

Class Q’s are something Planning & Design Practice Ltd are well versed in, having helped lots of home owners imagine and realise their dream homes. The permitted development right is a notoriously complicated and thorny issue with many Planning Authorities. Since the permitted development right was introduced, there have been several notable appeal decisions which have altered and clarified how Class Q applications should be dealt with by an Authority. You can read more about this here.

We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas including barn conversions (both via a planning application and Class Q) and farm diversification schemes. Please don’t hesitate to contact us for a no obligation consultation to discuss your project or property.

Heritage Project Update – Spring 2022

Buildings symbolising the heritage of towns, Spring

Jon Millhouse, both a Chartered Town Planner and a Full Member of the Institute of Historic Building Conservation, with a specialist interest in Historic Building Conservation provides his Spring update on several of the interesting heritage and conservation projects that Planning & Design Practice are currently engaged with.

As 2022 starts, with a sense of cautious optimism as we learn to live with Covid and embrace the new normal of the pandemic, it’s been rewarding to see progress being made on a number of the Heritage projects that the team here at Planning & Design Practice are working on.

It’s a great step forward for the project that planning/ listed building applications for the first phase of the proposed £35 million restoration and transformation of Elvaston Castle Country Park have been submitted to both Derbyshire County Council and South Derbyshire District Council.

The proposals aim to reverse decades of under investment and secure the future of the 321-acre Derbyshire estate, which includes the historic Grade II* listed gardens. The proposals include the conversion and extension of existing buildings to create new and improved commercial, recreational and educational uses and the construction of a new roundabout, access drive, delivery drive and car park.

We are working with Derbyshire County Council and Elvaston Castle and Garden Trust, together with the National Trust as Heritage Planning Consultants on the project.

A comprehensive public consultation exercise was undertaken in the Autumn of last year and members of the public can view the application, plans and the other documents submitted at Derbyshire County Council, County Hall, Matlock, Derbyshire, DE4 3AG, online at www.derbyshire.gov.uk or at the Planning Department, South Derbyshire District Council, Civic Way, Swadlincote, Derbyshire, DE11 0AH.

We are pleased to be working with Belper Rugby Club to secure planning permission for an extension to their club house. This is set within an historic context being located within the Derwent Valley Mills World Heritage Site, next to Grade II listed Babington Hospital. The hospital, which was previously the Belper Workhouse was designed by the famous Architect George Gilbert Scott, who also co-designed the Houses of Parliament. Founded by teachers and pupils from Belper High School in 1975, we’re looking forward to playing a part in the future of the Club.

Having worked on the original in 2013, we are pleased to have been asked to write an updated version of the Ripley Neighbourhood plan, with the town council to consult on this new draft. The Neighbourhood Area covers the whole of the parish of Ripley and sets out planning policies for this area until 2028. The Ripley Neighbourhood Plan forms part of the Development Plan for the area and will be used through the planning process to assess future development proposals. We have included some new policies with the aim of recognising the, to my mind, the often-overlooked heritage of this town within the Amber Valley.

Having obtained reserved matters approval last Autumn for a new shop, cafe, and plant sales area at Glapwell Nurseries, we are pleased to see that work has started on the construction of 64 new homes on the site by our client Meadowview Homes, for which we also achieved reserved matters approval. A Derbyshire based bespoke house builder Meadowview have purchased and will be developing the residential part of the approved Glapwell Nurseries development. The sensitive redevelopment of the site will also see the restoration of a Grade II listed, 11th Century Bothy, the protection of an historic wall and a new public art installation to celebrate sites history.

For updates on these projects and more information on all things planning and architecture related, as well as expert advice and opinion, sign up to receive our free Monthly Newsletter.

Jon Millhouse, Director, Planning & Design Practice Ltd

Planning permission for new Sheffield apartments

PDP_Student Development Sheffield

Planning & Design Practice is delighted to have secured planning permission for 8 apartments on land at Cross Street, Sheffield. The proposed development includes the erection of a two-storey building and the extension and change of use of an existing two-storey building, as well a bin/bike store, parking area, landscaping, and outdoor space.

The application site is located on the eastern side of the Market Square in Woodhouse shopping centre, which is defined in the Sheffield Unitary Development Plan as a ‘District Centre’. A mixed-use area comprising of a range of commercial uses on the ground floor, and residential uses on the upper floors. The existing buildings on the site are 2 and 3 storey stone faced domestic style, dating from the 18th and 19th centuries. The site is set back approximately 15m off Cross Street and elements of the site are within the ‘District Centre’ designation.

The development seeks to make effective use of brownfield land in a sustainable location close to a range of services and facilities. The design of the site establishes a strong sense of place along Church Lane whilst optimising the potential of the site to accommodate and sustain an appropriate amount / mix of development to support local facilities and transport networks; creating a development that is safe, inclusive, and accessible by design.

The Planning Officer concluded that residential development would “not prejudice the dominance of preferred retail uses” in the District Shopping Centre and would “assist the aims of the Core Strategy in providing new homes in a sustainable, brownfield location, within an existing centre, at an appropriate density”. Given that Sheffield City Council is currently unable to demonstrate a 5-year housing land supply, the “tilted balance” set out in the National Planning Policy Framework was applied and the officer attributed significant weight to the contribution the proposal would make to the supply of homes in Sheffield.

With an office at the Workstation, and with numerous clients and projects in the area we are proud to have a close connection with Sheffield. Please get in touch for advice on local planning & development.

Planning Success: Boost for rural tourism within Derbyshire Dales

PDP_Rural Tourism

Planning & Design Practice is pleased to announce that planning permission has recently been secured for the conversion of a traditional barn range to form two holiday lets (application ref: 21/01506/FUL) within the open countryside at Woodhay Farm, Marston Montgomery, Derbyshire – providing a boost for rural tourism.

Woodhay Farm is in the process of diversification. We had obtained prior approval (application ref: 18/00291/PDC) to change the use of the central modern agricultural barn into a business unit under Class R, Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). This consent has now been implemented and includes a training, demonstration and conference area to support our client’s business, Beresfords Flooring Ltd which is a precast flooring and air bag fall protection company, offering a nationwide service.

Figure 1: Approved plans for the Class R Business Centre

Our client also obtained prior approval under Class Q, Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) for the conversion of an agricultural building to a dwelling in the western part of the site (application ref: 18/00184/PDA). This conversion project is also now complete.

Figure 2: Photograph of the Class Q Barn Conversion

More recently Planning & Design Practice were instructed to prepare, submit and manage a full planning application for the conversion of the remaining traditional red brick barns at Woodhay Farm to form two holiday lets and the retention of secondary access track to approved barn conversion.

The National Planning Policy Framework indicates that planning policies should support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors. This can include supporting the provision and expansion of tourist facilities in appropriate locations. We worked closely with the Local Planning Authority to secure planning permission under delegated authority by Officers at Derbyshire Dales District Council.

Figure 3: Existing traditional red brick barn to be converted

We have vast experience of working on rural projects for homeowners, landowners and farmers in rural areas including rural housing development, barn conversions (both via a planning application and Class Q), farm diversification schemes and tourist accommodation. We can provide you with expert advice on issues to be taken into account prior to submission of your application through to receiving the decision. For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch.

Andrew Stock, Principal Planner, Planning & Design Practice Ltd.

Microsoft Rare – Discharge of Conditions

PDP_Microsoft Discharge of Conditions, Microsoft Rare Planning Consultants

Planning & Design Practice have successfully discharged the conditions attached to planning permission we helped secure in May 2021, for 1250 m2 of new office space to house Microsoft Rare’s latest expansion at Manor Park, Twycross, the purpose-built headquarters and design studio for the software developer.

For those who aren’t aware, Rare Limited is a British video game developer and a studio of Xbox Game Studios based in Twycross. Rare are known for their games spanning many generations and genres. Some of their most popular titles include GoldenEye 007, Sea of Thieves and Donkey Kong.

The new office building is set to be one of the country’s most sustainable buildings with careful consideration having gone into every element of the design from the carbon footprint of the materials used (including the distance travelled to import them to the site), through to the new solar array which will generate renewable energy to power the building.

The building has been designed by London based Architects LOM Architecture and Design working as part of a collaborative team of consultants led by Seven Partnership involving RKD, RPS Group, Cundall, 3 Sphere, EPS and Atelier Ten and Planning & Design Practice as the Planning Consultant.

Each ‘Barn’ building on the site accommodates a game based on different platforms and are therefore kept entirely separate and insulated from one another to avoid cross over between games and ideas. The new barn will provide workspace for one or more game development teams on two floors.

Planning & Design were involved with the project from start to finish, from the early concept stages and the pre-application enquiry, right up to post-submission and we are excited to see the development progress in the coming months.

Planning & Design have a wealth of experience in designing and securing planning permission for commercial projects.

We have the required skills to design both small and large scale schemes in-house and tailor the design to the client’s unique specifications. If you are unsure of your site’s potential, we are also able to provide our professional opinion on the planning potential of your property at the outset.

We can support your development aspirations through the various stages of the planning process, including (but not limited to): feasibility studies, site promotion through the local plan, pre-applications, outline & full planning applications and appeals. Contact us for a no obligation consultation to find out more about how we can help.

Planning & Design become a RIBA Chartered Practice

A RIBA Chartered Practice logo over a building that our architects have designed

Planning & Design Practice are pleased to announce that they have been recognised as a RIBA Chartered architectural practice. The Royal Institute of British Architects is a global professional membership body driving excellence in architecture.

RIBA Chartered practices are the only architectural practices endorsed and promoted by the Royal Institute of British Architects. This accreditation sends a strong signal to clients, employees and the wider construction industry and shows that the practice is committed to excellence in design and service delivery.

At Planning & Design Practice we believe in good architecture, to improve our quality of life, create real value and to drive sustainable development, creating robust, resilient homes and buildings to face the challenges of climate change.

Our approachable and experienced team comprises Architects, Architectural Assistants, designers and technicians.

The team is led by Lindsay Cruddas, a RIBA accredited Specialist Conservation Architect, of which there are currently only 141 in the country. Lindsay qualified as a RIBA Chartered Architect in 2012, after receiving her degrees in Architecture at Leeds Metropolitan University, she has a specialist knowledge and interest in historic building conservation, reuse of redundant buildings and residential design.

On receiving the RIBA Chartered Status Lindsay said “We strive to gain the best outcome for our clients and design spaces that we are proud of. Becoming a RIBA Chartered Practice demonstrates that commitment to quality, service and design. I was delighted to receive the Chartered Status and proud to be developing the architectural side of the business.”

Joining Lindsay are Senior Architect Siegfried Doering (Dipl.-Ing. Architecture, AKH, ARBA) and Project Architect Manik Karunaratne (BA (Hons), MArch (Leicester), ARB).

Prior to Planning & Design Siegfried was Senior Architect/Project Design Manager as part of a team of 25 architects and engineers, and also Quality Manager in the department for an international company offering worldwide infrastructure buildings including train stations, data centres, train/tram depots, offices and maintenance facilities.

An Architects Registration Board (ARB) UK registered architect, Manik qualified in 2018 at the University of Nottingham, following an architectural journey comprised of several universities, having studied at the University of Derby, Nottingham Trent University and De Montfort University.

Having worked on commercial architecture practices previously, Manik has experience on office buildings, high rise apartments buildings, housing developments and barn conversions. Currently he is working on a variety of vernacular and domestic projects liaising closely with clients and further developing his knowledge in heritage and conservation.

Also part of the team are Part II Architectural Assistant Tina Humphreys, a graduate of De Montfort University in Leicester with a Master’s in Architecture, who is now working towards becoming an RIBA Chartered Architect. Joseph Cattmull is our Architectural Technologist, who graduated from the University of Derby, after studying the built environment at Cambridge Regional College, and who brings an interest in listed and traditional architecture and how they can be modernised.

Continuing a tradition of encouraging and supporting emerging talent, we are also pleased to announce the recent addition to the team of Joshua Bunce and Matthew Kempster as Junior Architectural Technicians, both joined the company in 2021.

Since being founded in 2002 Planning & Design Practice Ltd has earnt an excellent reputation for winning approvals and for creating attractive and viable proposals. Comprising RTPI Chartered town planners and RIBA Chartered Architects the company has generated over £200m of uplift in land values for clients through its consents and proposals. The architectural side of the business boasts true international expertise having worked on large scale projects across Europe and the United States as well as in the UK. The company is able to design award winning proposals for a wide range of clients across the country.

The company’s heritage team can advise on listed buildings and developments in sensitive locations whilst maintaining a strong planning consultancy team. In both 2019 and 2021 our heritage work was recognised and awarded the Highly Commended Certificate for Excellence in Planning at the RTPI East Midlands Awards for Planning Excellence.

At Planning & Design we believe that good design is a crucial part of the planning process. Getting the design of a project right is critical to gaining a successful planning consent and avoiding unnecessary delay and costs.

We can help you to establish your brief and work through your design ideas, whilst bringing solutions to make your building a successful place to live or work in.

Our architectural team are based across Derby, Matlock, Macclesfield and Sheffield. For more information, or to discuss your dream project please get in touch.

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