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4 New Dwellings in the Countryside Planning Appeal Boston Borough Council Case Study

This planning application was originally validated by Boston Borough Council on the 14th January and refused on the 6th April for Four Detached Chalet Bungalows outside of the planning boundary.

This planning appeal was classed as a Full Application appeal and as such the appellant had 6 months from the refusal date to appeal to the Planning Inspectorate.

We always recommend leaving at least a whole clear month from instruction to appeal deadline in-case additional investigations are needed, but the more time available the better.

The refusal reasons given by Boston Borough Council were very comprehensive and were split over three large paragraphs

The first paragraph stated that
The application site falls outside of a settlement boundary and is located within the countryside. There is a significant lack of information submitted to provide a sufficient and sound justification for residential development of four dwellings in this location.
The development has not been proven to be necessary to its location or meet the sustainable needs of the area. Therefore, the development would lead to the addition of four dwellings in an unsustainable location, contrary to the spatial objectives set out in Policy 1 of the South East Lincolnshire Local Plan (2011-2036). The lack of an essential need being demonstrated also means the proposal is contrary to Sections 2 and 5 of the National Planning Policy Framework (2019).
The second paragraph stated
The development would consolidate the residential dwelling to the west and the further dwellings to the east, leading to an increased urban appearance to this rural, countryside location. The resultant effect would substantially erode the character and appearance of the countryside and open rural landscape.
The provision of four dwellings on the site would also lead to a cramped form of development and would negatively impact the character of the area. The development, therefore, fails to meet the criteria of sustainable development. As such the development would be contrary to Policies 2, 3 and 30 of the South East Lincolnshire Local Plan (2011-2036) and Sections 2 and 12 of the National Planning Policy Framework (2019) which seeks to secure a high standard of design that is sympathetic to the character of an area.

The third and final paragraph stated that the proposed development by reason of the similar, scale footprint and orientation would lead to an extremely rigid, uniform development which will not achieve a good design and will detract from the character of the area. Furthermore, whilst the three house types proposed will use different materials, it is deemed the extent of variation between the materials would be too extreme and not in keeping with surrounding development.

The extent of the variation of materials will also lead to a poor design when viewing the development in isolation. All of which detract from the character and appearance of the area and the proposal, therefore, fails to accord with Policies 2 and 3 of the South East Lincolnshire Local Plan (2011-2036) and Section 12 ‘Achieving Well-designed Places’ of the National Planning Policy Framework (2019).

As mentioned these refusal reasons were very comprehensive and as such needed additional work to that of a House Holder Appeal to give the appeal the chance of success it needed.

It is highly normal for refusals like this not to go to appeal as often it is deemed by those involved that an appeal would not be fruitful. But in fact if an appeal is produced that is comprehensive, robust, has a high level of attention to detail and the research is completed at the level needed, then appeals like this can be successful as shown here.

For this appeal we produced a 45 page detailed appeal statement, working our way through the delegated officers report and decision notice, dismantling their objections and the reasons Boston Borough 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 findings were wrong, and in-fact this development was perfectly acceptable.

Additionally we completed a detailed amount of research to find very similar cases, that the planning inspectorate had previously granted, and we looked to use these cases to support our argument as best possible.

As this appeal was a Full Application Appeal and the local authority, which in this case was Boston Borough Council, had the right of response to our appeal statement, we have to be prepared to address their response with a further document to cover off any new information they may add. It is very common in these cases that we have to produce a further document.

This case like the vast majority of similar cases, was dealt with by way of Written Representation, and as such it is paramount that the argument is very comprehensive and robust.

The inspector visited the appeal site on 22nd February and issued the appeal decision on 1st March in a multi page appeal decision report.

The good news was that the appeal was upheld and the permission granted.

Our approach for producing appeal documents that go into great detail to work through the refusal reasons, officers reports and policies in detail, and to supply supporting cases where the inspectorate has granted similar appeals is invaluable.

This gives the client their best chance of success, admittedly it does take longer to produce, and increases costs slightly by going into that level of detail, but it is that attention to detail that is absolutely paramount.

As an organisation HEAL Planning is one of the leading appeals specialists with both dedicated in-house planning and legal teams, whose job it is to win your case, both these skill sets are invaluable to produce a robust and compelling case to gain a win.

You won’t find many organisations in our industry that have both of these skill sets a planning and a legal team, and it is most definitely a major reason why we have the success rate we do.

Without appealing your Planning refusal you cannot gain the permission you would like!

Your appeal will go to The Planning Inspectorate, they are a government-based organisation that is appointed by the Secretary of State to handle all types of planning appeals, based out of Bristol and covering England and Wales the Planning Inspectorate gives you a chance of success to gain that permission you are seeking, and taking the decision process away from your local authority’s planning officer.

If you would like a free no obligation consultation with myself or a member of our team please call us on 01743 369911 or email and give your appeal its best chance of success.
4 New Dwellings in the Countryside Planning Appeal Boston Borough Council Case Study
If you would like a free no obligation consultation with a member of our team please call us on 01743 369911