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Change of Use Planning Application Appeal Wokingham Council Case Study

This planning application was originally validated by Wokingham Borough Council on the 29th March and refused on the 17th June for a Change of use from amenity land to residential and relocation of wall and fence.

This type of appeal for a change of use has 6 months for the appeal to be submitted to the planning inspectorate from the decision notice date.

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 Wokingham Borough Council were that The Local Planning Authority considered that the proposed change of use of part of the existing amenity land to residential to include the erection of a new brickwall as boundary treatment, by virtue of its siting closer to the adjacent public footpath would result in the loss of important visual amenity land and soft landscaping, that would adversely affect the spacious nature and openness of this area, to the detriment of the character and appearance of the street scene and surrounding area.

The proposal is thus contrary to the NPPF, policies CP1 and CP3 of the Core Strategy, and Policies CC03 and TB21 of the MDD Local Plan.

Additionally, The proposed enclosure of green amenity space with a new brick wall boundary treatment, would create an odd corner and potential blind spot, which would increase public safety concerns by reducing openness and scope for visual surveillance along the public footpath, contrary to the NPPF, policy CP3 of the Core Strategy, and policies CC03 and TB21 of the MDD Local Plan.

Well the planning officer for this case obviously was completely against this planning application, and refused the application with a comprehensive list of reasons.

Many people upon receiving a refusal like this, decide to give up at this stage, and do not go to appeal, but honestly refusal reasons like these are perfectly normal and although comprehensive can be overcome.

For this appeal we produced a 21 page detailed appeal statement, working our way through the delegated officers report and decision notice, dismantling their objections and the reasons the planning officer at Wokingham Borough Council had 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.

With this type of appeal the local authority has the right of response to our appeal statement, giving them the option to read and rebuff our appeal statement.

As with all these types of cases the council exercised their right to respond with further argument and responding to our appeal statements arguments.

Again the planning officer was very thorough forcing us to produce a new six page response document, to close off the new argument that the council submitted in response to our appeal statement.

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 as there is no second chance to respond.

The inspector visited the appeal site on 1st February and issued the appeal decision on 24th February in a concise three 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.
Change of Use Planning Application Appeal Wokingham Council Case Study
If you would like a free no obligation consultation with a member of our team please call us on 01743 369911