Press "Enter" to skip to content

Posts tagged as “Change of Use Planning Appeal”

HMO Planning Appeal Article 4 Area Lawful Development Certificate Liverpool City Council Case Study

This planning application was originally validated by Liverpool City Council on the 1st August and refused on the 3rd December for a Lawful Development Certificate to legalise the Change of Use of a small HMO in an area that an Article 4 direction was subsequently introduced. This planning appeal was classed as a Lawful Development Use appeal and was not restricted by time scales to appeal. Due to the nature of the refusal and without the permission the client would be in breach of planning control and the local authority would move to enforcement action should the client not have appealed. The refusal reasons given by Liverpool City Council were that The Local Planning Authority consider that the proposed Lawful Development Certificate to legalise the Change of Use of a small HMO was not lawful and liable to enforcement action under section 172 of the 1990 Act. The decision notice…

Welwyn Hatfield Borough Council Planning Appeal Change of Use of Amenity Land to Residential

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…

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…

Planning Enforcement Appeal Cornwall Council Case Study Change of Use New Dwelling

This case started for us when we were contacted by our client after their recent retrospective application had been refused by Cornwall Council and a decision notice had been issued to our client refusing the application. The client felt the decision was unjustified and that many parts of the enforcement notice were false with incorrect information being stated by Cornwall Council. The client stated that should they loose this enforcement appeal then they would be homeless. The building was already in place and used previously as a storage shed and had been in need of repair and renovation which our client had completed. Are client was not prepared to simply give in to the enforcement notice especially as they felt that it was incorrect in many parts., and wanted the merits of his case taking to the Planning inspectorate. The enforcement notice was served on 19th July 2021 and our…

Change of Use Office to Residential Apartment East Suffolk Council planning Appeal

Planning Appeal Case Study in the East Suffolk Council Area for a Change of Use from Commercial Office to Residential Appartment. This case started for us when we were contacted by our client after an application had been refused by East Suffolk Council and a decision notice was sent to our client refusing the change of use. The client an experienced developer had been trying along with their agent to gain the permission but unfortunately the local authority was not interested in any change of use. This left our client with no other alternative but to appeal. The refusal was issued on the 8th April 2021 and as a change of use had a 6 month appeal window. Our client however did not wish for any further delays and instructed us to proceed the same month. The refusal reasons were mainly overlooking related to adjacent properties and the council was…

Removal of a Condition Planning Appeal to Create a New Dwelling in East Suffolk Council Area

in this video we take a look at a Removal of Condition Planning Application Appeal for a dwelling in the open countryside, with a local neighbourhood plan present and that is a European protected zone located in East Suffolk Council’s area. This appeal is for a Removal of Condition Planning Application against East Suffolk Council. The application was for a Removal of Condition Planning Application Appeal for a dwelling in the open countryside, with a local neighbourhood plan present and that it is a European protected zone and was refused by East Suffolk Council for the following reasons; Outside of the defined settlement boundary contained in a local Neighbourhood Plan. The proposal would create an unrestricted residential unit of accommodation in the countryside. Not a sustainable location Within a European protected area The Policies used to refuse were Local policies SP19, DM3, MEL1, DM27. National policies Section 15 of the…

Change of Use Planning Appeal – Case Study

In one case, the refusal notice referenced and misinterpreted information from the application. We decided that a dual approach would be taken, whereby we dealt with the appeal and also resubmitted the application, providing further explanations. In agreement with the Council, we were able to secure the permission quickly and withdrew the appeal. In some cases, we may continue with the appeal for technical reasons but often where we can ensure we engender effective working relationships with the Council for the client’s benefit.