We are delighted and disappointed for this planning success, which relates to a property in a conservation area, Durham. Our client has had multiple extensions to his house refused; however they had previously been approved and could still be implemented, the only difference is that he wanted to render the whole property to match everything in – sensible! However, the site was in a rural area, within a conservation area, albeit several hundred metres away from any other property, so secluded in appearance.
The Appeal Inspector agreed that the location of the appeal site does appear unique in that it is set alone surrounded by an agricultural landscape. They also agreed that the change in appearance from red brick to white render whilst noticeable and would change the visual appearance of the property, it would have a greater synergy with the materials used within the village core (mostly rendered properties), resulting in a greater sense of connection.
So hurrah we won the appeal!
You’d think we were celebrating at this point, however…
An application for costs was applied for which was refused, which is common, but that’s not the issue. The point for the costs application was that the appellant could implement the approved scheme, and paint the house pink, blue with polka dots, striped etc. – whatever colour took their fancy. We believe this was not taken into account as a legitimate fallback position by the Council, even thought they confirmed the painting would not require planning permission. This ultimately led to unnecessary and wasted expense by the appellant by having to pursue an appeal. Visually the difference between white render on a remotely viewed farmhouse and white paint would be negligible.
Notwithstanding the refusal of costs we firmly believed that the Council did act unreasonably and disagree with the Inspectors decision on the costs application. Sometime we do wonder why so many costs applications are refused!
Should you receive a refusal for your planning proposals or wish to appeal conditions imposed on an approval knowing your options is important, don’t worry…we’ve covered this in an eBook about Appeals.
As well as other blogs relevant to this case:
- Know your Options if your Planning Application is Refused
- Top 10 Tips when considering Appealing a Planning Refusal
- How to Write a Compelling Grounds of Appeal Statement
- Appealing Planning Decisions – A Comprehensive Toolkit
- Securing Planning Permission for a Site which has been Refused Planning Permission
- Common mistakes made when applying for planning permission
- Should I apply for an award of costs during a Planning Appeal?
- Can a Fallback position help secure planning permission?
- A Practical Guide to Conservation Areas