Planning House are overjoyed to receive the news that one of our recurring clients was successful with a resubmitted planning application in County Durham.
The application site which is a residential chalet has been in situ and occupied since 2016 outside of the settlement boundary. The site has a complex history with a certificate of lawful development refused and dismissed at appeal and an enforcement notice upheld with planning permission refused for the use as a residential property. However, the Inspectors decision was very informative and useful for the next steps in this case.
The Inspector considered the main issues to be:
- the effect of the development on the living conditions of nearby residents with particular regard to privacy;
- whether the development makes adequate provision for external amenity space; and
- the effect of the development on the character and appearance of the surrounding area
The cornerstone reason why the appeal was dismissed was down to lack of amenity space as the curtilage proposed was drawn tight around the chalet, as noted on the appeal decision. The other main issues were considered to be satisfactory.
Due to the decision from the Inspector it was agreed with the Council that on the basis of comparable amenity space to the adjacent the site which was recently approved for a new bungalow, in principle the new dwelling at the site would be acceptable.
We therefore revised the plans (thank you Graeme Pearson at Gap Design) and resubmitted the application. Whilst the time period for issuing the approval was protracted we got there in the end!
There’s nothing more frustrating than having an application refused. If that’s the situation you’ve found yourself in, our eBook Town Planning, The Basics…Appeals covers everything you need to know. We look at everything from your right of appeal, appeal types and processes, what you need to submit, who makes the decision etc.
Our FREE Practical Guide covering the basics of Certificate of Lawfulness is available.
If you’ve been served an enforcement notice, our eBook Town Planning, The Basics…Enforcement covers your recommended next steps.
If you need help with your next step in a development proposal, CONTACT US, we’re always happy to chat through a proposal.