A story of success but also disappointment…
We secured planning permission for a Change of Use of a Garage to a Residential Dwelling (which was originally the subject of an Enforcement Notice which we had Quashed) there were a couple of conditions attached which we felt were unnecessary and unreasonable. We submitted an s73 Application which sought to vary conditions. In this case we sought to remove condition 5 (Landscape Buffer) and variation of conditions 7 (Sight Visibility Splays) and 6 (Hedgerow Replacement) of the planning permission for change of use of building to residential property.
A little bit on the conditions… Conditions 6 & 7 related to access to the site, however as the site has a complex history with various developments within these conditions were imposed on every permission granted for the site, however the access and sight lines had already been provided and the wording of the conditions related to works required. As these works were complete there was no need for the conditions and so a modification to the conditions ensure the retention of clear access and sight lines was proposed. The Council agreed and changed the wording to amalgamate the conditions and word it appropriately – Great!
However for condition 5 the Council did not remove the condition as requested. This condition related to the provision of a 5m wide landscape buffer along a stretch of drive to separate the site from countryside. Bearing in mind the garage building was already built along with substantial areas of car parking, as was the driveway which served other properties. Why was it necessary to impose a condition on this development for a 5m wide buffer – sounds unreasonable and unnecessary to us. This is further compounded by the fact that a new dwelling was approved next to our site (after our permission), using the same access – yet no condition was imposed for the buffer. Very strange!
We’re looking to submit an appeal relating to the landscape buffer shortly to see what the Planning Inspectorate think about the condition and whether it is actually necessary.
If you have received a planning approval it’s essential you know what conditions are attached, what they cover and how they can be complied with. Read our article Understanding Planning Conditions which details the top 5 things to know about planning conditions.
If you want to change a planning approval’s conditions then take a look at our blog How do you Amend a Planning Permission – s96a v’s s73 about how to do this.
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.