We received a call from a client after they had received a planning refusal from St Helens Council on the 4th of May. We booked them in for a free no obligation consultation with one of our experienced appeal assessment officers.
The refusal from St Helens Council was for the following reason;
The retention of the existing handrail would have a significant impact upon the residential amenity of the neighbouring properties, in particular no’s 11 & 13 Woodside Avenue, as it would facilitate the use of that area as a balcony to the detriment of the neighbours privacy contrary to policy GEN 8 of the Unitary Development Plan. The proposed side barriers would also project greater than 2m from the original rear wall contrary to the Householder Supplementary Planning Document.
We were instructed to appeal this refusal on our clients behalf, and we began to collate documents and evidence to support the appeal.
The sole issue for this appeal was whether the addition of the handrail at the property caused detrimental impact on the residential amenities of the adjoining properties. This was a small-scale development which did not create an offensive or obtrusive development; given that it was already in use as a balcony, the proposal arguably enhances the privacy of both the neighbouring dwellings and the host property with the louvred side panels.
It had sought to meet the sustainable development guidance in the NPPF in a manner proportionate to its small-scale nature. It did not compromise the property for future generations but allowed the present occupants to adapt their home to meet their needs.
With all of this in mind, we began to collate evidence and documentation to support the appeal.
We then submitted a 18-page appeal statement to the planning inspectorate, taking the decision away from St Helens Council.
The planning inspector visited the site on October 25th and we received the decision on the 29th of November.
We are pleased to announce that the appeal was successful, and that 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.
Planning Appeal Start Process
Have you have had a Planning Application refusal similar to the case study on this page and would like us too look at your case and assess your own Planning Appeal Options? We can offer you your very own Free No Obligation Consultation with one of our Planning Appeal Case Assessment Officers.
This works by firstly our Planning Appeal Case Assessment Officer looking at the documents available on the Local Authority website related to your case, bringing in other third party resources such as Satellite and Street View technology where needed and then calling you to run through some specific case related questions we may have. Following this our Planning Appeal Assessment Officers are able to provide a Free Written No Obligation Proposal that allows you to make a fully informed decision prior to proceeding.
We are not always able to offer a client a positive assessment to enable them to move forward to appeal, in these cases we can often look at other alternative options that could be considered. Either way we will empower you to be able to make a fully informed decision with our no pressure, no cost assessment solution.
Planning Appeal Free No Obligation Consultation Request Form
Covering all of England and Wales. Start your planning appeal today, without delay! Call us on 01743 369911
