We were approached by a client in May as they had received a planning refusal from Shropshire Council for the development of four detached dwellings with garages, alterations to access and associated works.
The reasons for the refusal stated were;
1. Development of this site as proposed is considered contrary to both the adopted Shropshire Core strategy policies CS4 and CS5 and policy MD3 and MD7a of the Site Allocation & Management of Development Plan proposals as the proposal is for open market residential development on a site that is classified as countryside in terms of currently adopted planning policy. The proposal does not fall within any of the exceptions or any of the special circumstances set out within both local and national policy. There would be no significant benefits of allowing this proposal that would outweigh the conflict with policies in the Shropshire Core Strategy and the Site Allocation & Management of Development Plan with regards to housing land supply.
2. The proposed layout, scale and design of the four dwellings would represent an over development of the site within the context of the relatively spacious surrounding plots which would impact on Hadnall Hall a non-designated heritage asset and therefore would be contrary to policies CS6 and CS17 of the Shropshire Core Strategy; policies MD2 and MD13 of the SAMDev Plan; and the National Planning Policy Framework
For this appeal we produced a 88 page detailed appeal statement, working our way through the delegated officers report and decision notice, dismantling their objections and the reasons Haringey Council used to refuse this application.
Providing a comprehensive and robust argument, bringing national and local policies into play, and detailed reasoning as to why the committee was wrong, and in-fact this development was perfectly acceptable and should have been approved.
The two elements for refusal were based firstly on the officer’s assessment that the site fell within the open countryside in policy terms and is therefore not suitable for residential development. There was a two-pronged argument to this refusal reason: Firstly, whilst it is understood that under current local policy the site did not fall within a settlement development boundary, the Local Authority had confirmed within a pre- application response that, due to the fact that the site was surrounded on all sides by other residential development, it cannot reasonably be considered isolated or in open countryside and therefore was considered an appropriate location for new housing. Irrespective of number of dwellings at this stage, the site had therefore been deemed as acceptable for a new dwellings despite its non-compliance with current local plan policy.
Secondly, and most importantly, the new emerging local plan was in its final stages of adoption and could therefore be given considerable weight in the determination of this appeal. Within this emerging local plan, Hadnall has been allocated as a Community Hub which meant that new housing was not only considered acceptable but there will now also be a requirement for a specified number of houses to be built which this proposal would contribute to. The site itself fell within the development boundary of this Community Hub and was therefore a wholly appropriate site for development.
The planning inspector visited the site on the 20th of June, and we received a decision on July 17th.
We are pleased to announce the appeal was allowed and planning permission was granted.
Below you will find the full Planning Inspectorate Decision. If you are looking to appeal a local authority refusal contact our team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.
Our team of planning appeal case assessment officers assess on average over 100 cases each per month working for architects, developers, home and landowners across England and Wales. Our unique and professional approach to planning appeals designed by our Chairman and Head of Legal Dr Robin Hooper and has a proven track record of success. This approach that weighs heavily on detail, evidence and argument is most certainly why our appeals get the results they do. Contact our planning appeal team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.
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