On the 24th of September our client received a planning refusal from Shropshire Council for their recent application for the erection of a farm managers dwelling with farm office, detached garage and installation of package treatment plant. They instructed us to appeal the refusal on their behalf.
Shropshire council refused the planning permission for the following reason;
1. The applicant has failed to adequately demonstrate that there is an essential functional need for a farm worker to be living on the site given the presence of the historic Shelvock Farm which clearly has links to the newly created Keppel Gate Farm despite the submission advising that they are separated enterprises and no livestock is kept at Shelvock, it is considered that there are inaccuracies and incorrect information in the submission to allow the planning authority to fully consider and have a full understanding of the proposal and the associated enterprise. Based on the current operations of the farming enterprise, the existing farmhouse is able to meet the essential needs of the Keppel Gate Farm. The proposal therefore fails to comply with local Policies CS5, CS6 and CS11 of the Core Strategy and MD7a of the SAMDev Plan, the adopted Type and Affordability of Housing SPD.
We began collating evidence and submitted the appeal documents along with a 94 page appeal statement.
The scale of the dwelling met the Housing SPD. The Parish Council approved of the proposal and it received two letters of support from the community. It was also considered acceptable on Highways grounds. Indeed, no objections had been received on the proposal at all. The reason for refusal cited by the LPA relates to the establishment of a functional need for the proposed dwelling. The appeal sought to address this refusal reason and demonstrate the functional need.
A hearing was held and a site visit was made on the 15th of September. A decision was received on the 20th of October.
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.