Following a planning application refusal by South Gloucestershire we were approached by a client to look at possible appeal options.
The reason given by the South Gloucestershire Council planning department gave was as follows;
1. In the absence of further information (requested but not received) the application fails to demonstrate that adequate safe parking would remain to meet the needs of the dwelling. The application is therefore contrary to the requirements of PSP16 of the Policies, Sites and Places Plan Adopted November 2017.
Whilst the address was listed as the top floor flat, the property was actually one family dwelling. The Cottage was a very versatile property and incorporated 2 kitchens and allows for offspring and grandparents to have largely independent living areas in the same property yet living together. A number of years ago, when the appellant was working overseas, they let out part of the house. This led to the council visiting and deciding that this property was 2 flats, against the agreement of the appellant. The appellant continued to own the whole property and pays both sets of council tax on it. There were four people living in the house at the time of the application. The appellant, his wife and their two children. Therefore, for the purposes of the application and this appeal, the site is a single-family dwelling. The Planning Authority had processed this application on this basis so were obviously in agreement that it was a single dwelling.
The number of bedrooms within the dwelling was not increasing and therefore no additional parking was required, in fact parking was not a consideration at all in the determination of this appeal. A similar structure to the one proposed could be erected to the side of the dwelling under Permitted Development which would have exactly the same impact on the parking situation as this proposal did and could be used as an extension to the dwelling rather than a garage. The council would have no control over this. The property was capable of accommodating four vehicles to the front of the dwelling in any case and therefore this refusal reason was completely unreasonable.
This application has been refused solely on the parking provision that would remain once the proposed garage has been constructed. Just as the planning officer has confirmed that the remaining amenity land is not a relevant consideration as the proposal does not increase the potential occupancy of the dwelling, likewise the remaining parking available was not a relevant consideration.
However, if this was going to be considered a requirement then it should be noted that the parking standards state that for a four bedroomed property as this dwelling was, should provide off street parking for 2 vehicles. The space to the front of the dwelling measures approximately 12m x 7m and had the capacity to provide off street parking for 4 vehicles and therefore exceeds this requirement.
We felt we had a strong case for this appeal, we submitted our 15-page appeal statement along with all the documents to the planning inspectorate.
The planning inspector made a site visit on the 27th of September and a decision was reached on November 8th.
We are pleased to announce the appeal was successful 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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