This planning application was originally validated by Welwyn Hatfield Borough Council on the 17th December and refused on the 29th March for a Change of use of the land from amenity to residential land along with the fence to be installed.
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 Welwyn Hatfield Borough Council were that:
The proposed change of use of the amenity land would result in the use of the land for residential purposes with inevitable associated paraphernalia, which would adversely affect the existing open vista in this part of the public footpath.
The proposal would not represent a high standard of development that would sufficiently maintain or enhance the character and visual amenity of the area.
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 22 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 Welwyn Hatfield 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.
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 to ensure all relevant arguments are included for both the appeal statement and the document for to cover the Local Planning Authorities response.
The inspector visited the appeal site on 2nd March and issued the appeal decision on 10th March 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.
You will find a host of videos about various types of planning appeals and the services we offer on our website.
If you would like a free no obligation consultation with myself or a member of our team please call us on 01743 369911
Welwyn Hatfield Borough Council Planning Appeal Change of Use of Amenity Land to Residential
If you would like a free no obligation consultation with a member of our team please call us on 01743 369911
