Planning Permission Refused Archives

Appeal secures garage success

17th May 2023 by Gary Stringer

Planning & Design Practice have successfully overturned a decision to refuse planning permission for the erection of a garage in Stanley, Ilkeston. The site is located in the Green Belt and a Conservation Area. An appeal Statement of Case was prepared by Planning & Design Practice on behalf of our client, the Appellant against Erewash Borough Council’s decision to refuse the application.

In line with our clients brief our Architectural Team, in collaboration with the Planning Team, prepared a scheme that would sit comfortably within the aesthetic of the Conservation Area whilst also considering the rural surroundings of the site. The scheme took into consideration the potential impact on the character of the area and the high boundary walls. These considerations informed the final scheme.

The garage was designed to be as in-keeping as possible with the surrounding area and match the design of the existing dwelling and boundary walls. The infilling nature of the development ensured that the garage was not out of the place in the area, due to the domestic nature of the site. The garage would also not impact the amenity of the area due to the fact that it will not obtrude from the domestic curtilage and will remain consistent with the nature of the area.

The Council refused planning permission under delegated powers on the grounds that the development was “inappropriate development in the Green Belt” and “it would fail to preserve or enhance the character or appearance of the Conservation Area”.

The Planning Inspectorate found that:

“The proposed garage would be positioned within the curtilage of the dwelling, between the existing house and the neighbouring property to the north. The garden area where it would be located appears as a small gap in a linear, relatively close pattern of development along Morley Lane. The built-up area of Stanley continues to the north, up to the junction of Morley Lane with Common Lane, and I consider the appeal site to be within the village.”

The Inspector goes on to state:

“The garage would have a contemporary design, with a flat roof that would differ from the traditional pitched roofs on buildings in the area, as would the green roof finish that is proposed. Despite this, the flat roof form and the positioning of the garage adjacent to a high wall, would result in the proposal being well contained, even without the presence of boundary planting. Only a small section of the roof would be visible above the wall, but given the verdant character of the area, I do not consider this would appear incongruous.”

The Inspector resolved to grant the appeal and allow the erection of the garage.

Planning & Design Practice Ltd is a multi-disciplinary team of Charactered Town Planners, Architects, Architectural Assistants and Heritage Specialists. Gaining planning permission is a key step in almost any development. We can take a project through from inception to completion, but we also offer the flexibility to engage a client’s own architects and provide a planning service, whilst our design team can also work with clients who have engaged other town planning professionals.

Planning & Design Practice Ltd are well versed in researching and understanding local Council’s policies to ensure the best possible case if put forward for our clients.

For a free, no obligation consultation to discuss your project, please don’t hesitate to get in touch on 01332 347371 or enquiries@planningdesign.co.uk.

Appeals – Case studies

28th November 202227th April 2022 by Gary Stringer

As the following case studies illustrate, at Planning & Design Practice we are vastly experienced in the appeals process and know how to present your case in the best possible way and bring all relevant factors to the attention of the Inspector to maximise the chances of success.

The following case studies provide a flavour of the breadth of appeals we have dealt with over the last 5 years or so, for both residential and commercial clients.

Land to the west of Denby Hall Business Park, Denby, Ripley DE5 8LE; Public Inquiry; Appeal reference – APP/M1005/W/20/3265602

We acted as expert planning witness at a Public Inquiry relating to a refused application for 3 large commercial/industrial units at Denby Hall Business Park. The council had refused the application due to the site’s Green Belt location but the Inspector concluded that “the conflict with the development plan policies is clearly outweighed by the social, economic and environmental benefits in favour of the appeal proposal.”

Appeals – a beginners guide

5th December 202227th April 2022 by Gary Stringer

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

Decision overturned allows conversion to flourish

28th November 202222nd March 2022 by Gary Stringer

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.

The extension of Denby Hall Business Park

29th November 202222nd September 2021 by Gary Stringer

Planning & Design Practice Ltd are delighted that outline planning permission with all matters other than access, for an extension to Denby Hall Business Park has been granted following a positive appeal decision.

The successful appeal, following a Public Inquiry is one of the largest permissions of its kind which will help create jobs and boost the local economy of Amber Valley. On behalf of our client, we were able to demonstrate that very special circumstances did exist for development within the Green Belt, including the economic benefits of significant job creation and retention.

The outline proposal sought the erection of 3 industrial buildings to expand the Business Park to provide a new production facility for Garner Aluminium Extrusions Limited, a new warehouse for HL Plastics Limited and a new production facility for LB Plastics Limited. The development would cover 16 hectares of land for industrial development with the land to the west providing biodiversity mitigation. Approximately 423 parking spaces would be provided on site to serve the development.

Collectively, these companies have led the delivery of new window frame manufacture in the UK since the 1970s. Their products have been installed in hundreds of thousands of homes, offices and other buildings across the UK. They occupy an important role in the manufacturing sector for the UK’s construction industry, with an expanding international market.

The development is necessary to allow these businesses to grow existing operations, as they now require larger, purpose-built production space. There were no other equivalent sites capable of providing the required space in the Borough, alongside the benefits of concentration of activities.

The companies employ 700 individuals altogether and the delivery of the scheme will allow the retention of 100 jobs and the creation of a further 680 new jobs in the first 5 years, in a range of skilled occupations. This makes the companies one of the larger manufacturing employers within Derbyshire and Amber Valley, and within the immediate local area (including the towns of Alfreton, Ripley and Belper). They therefore contribute significantly to the local economy, directly and indirectly, and have led in the transformation of the local economy following the closure of Derbyshire collieries from the late 1960s onwards.

There is strong support from national to sub-national levels of policy and strategy for economic development projects and investments which create jobs, and help “build back better” to aid economic recovery from Covid-19. Unemployment almost doubled in Amber Valley between January 2020 and February 2021 as a result of the pandemic and the economic shocks that this created. There are currently 2720 people in Amber Valley currently claiming unemployment benefits and whilst unemployment is going down the level of unemployment is higher than before the pandemic and this provides evidence of a local need for more skilled and semi-skilled jobs to support people and the economy of Amber Valley.

The scheme demonstrated that it would provide undeniable social, economic and environmental benefits which have been attributed significant weight. Combined with the specific type and nature of the scheme, the context of the site and the lack of alternative provision of employment land, the Inspector concluded that “the other considerations in this particular case clearly outweigh the harm by reason of inappropriateness and the harm to the openness of the Green Belt”.

Have you had planning permission refused? Planning and Design Practice Ltd specialise in undertaking planning and enforcement appeals. We have extensive experience of the many types of planning appeals, from written representations to informal hearings and public inquiries.

For more information on this appeal, Denby Hall Business Park or to discuss your own project, please don’t hesitate to contact us on 01332 347371.

Appeal secures garage success

Appeals – Case studies

Appeals – a beginners guide

Decision overturned allows conversion to flourish

The extension of Denby Hall Business Park

Offices

Services

Useful Links

SUBSCRIBE TO OUR NEWSLETTER

GET IN TOUCH