This planning application was originally validated by Slough Borough Council on the 16th December and refused on the 16th February for a conversion of a Single Dwelling into Two Separate Dwellings.
This planning appeal was classed as a Full Planning 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 Slough Borough Council were:
1, that The Local Planning Authority consider that the proposal to separate one dwelling into two dwellings would involve the loss of a property capable of continued use or future enhancement as a family dwelling and the conversion of the property to flats that would not be considered to comprise family dwellings according to the Council’s definition.
And 2, The plans submitted are found to be inadequate, as they are inconsistent and do not enable the full assessment of the proposed subdivision of the existing property. On the basis of the plans supplied it is considered that the proposal fails to provide adequate amenities for the future occupiers, would lead to additional on street car parking and the associated obstruction of the highway and footway, and lacks appropriate provision for cycle storage and refuse/recycling facilities which would result in an unacceptable lack of security and an accumulation of detritus to the detriment of the visual amenities of the area.
I personally assessed this case and following investigations and a chat with the client recommended that the client appealed the decision to the Planning Inspectorate.
These refusal reasons do look harsh if you are not used to reading local authority decision notices and many would give up after reading this type of refusal.
In fact many people do give up at this stage and do not go to appeal, but honestly refusal reasons like these are perfectly normal and in a case like this case nothing unusual.
For this appeal we produced a 20 page detailed appeal statement, working our way through the delegated officers report and decision notice, dismantling their objections and the reasons Slough 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 Planning appeal and as such the local authority has the right to respond to appeal statement introducing the need for our team to produce a second document to overcome any and all new argument or evidence that the local authority introduces.
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 and covers all relevant points needed in both the appeal statement and the response to the LPA reply.
The inspector visited the appeal site on 3rd February and issued the appeal decision on 22nd February in a 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.
Slough Council Planning Appeal 1 Dwelling Into 2 New Dwellings Case Study
If you would like a free no obligation consultation with a member of our team please call us on 01743 369911
