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Posts tagged as “Planning Appeals”

Enforcement Planning Appeal Rear Extension Barking Dagenham

This case started for us when we were contacted by our client because they had received from Barking and Dagenham Enforcement team an enforcement notice stating that there was believed to be a breach in planning control. The enforcement notice stated that the rear extension due to its size, design and scale of the development results in an increased sense of overbearingness and harmful to both neighbouring properties and the appearance of the house. Barking and Dagenham Enforcement were also claiming that the development was contry to Policies BP8 and BP11 of the LDF Borough Wide Development plan Policies DPD dated March 2011. The enforcement notice from Barking and Dagenham Council stated that to comply our client should 1) Remove the unauthorised extension in its entirety, or reduce the dimensions to 3m in overall height and 3m in depth. 2) Remove all subsequent waste material from the premises. Barking and…

Extension Planning Appeal

A planning application had been submitted by an architect who was looking to extend the house to the rear and side. The justification from a planning perspective did not address some of the environmental issues in the neighbourhood, nor the impact upon amenity. We undertook an objective assessment of the reasons the Council used to refuse the permission and presented a case that dealt with these issues. This included resolving the environmental concerns that were quoted. Permission was granted at appeal and the development was carried out.  

Small Infill Development Planning Appeals

The architect had produced a good design for the development but had not presented a full planning statement addressing the national planning policy framework considerations. As a result, permission was initially refused. We dealt with the appeal and permission was granted.

Infill Residential Development Planning Appeals

When we were instructed to undertake the appeal, it became clear an alternative strategy may provide a better chance of success. So, we presented what is known as a Wheatcroft case. By doing so, we gained planning permission for the client. This did require some additional work on the plans which led to some additional costs, but the client got the permission and from that enhanced value for the site, so the additional costs were worthwhile.

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.

Single Dwelling Planning Appeal – Case Study

In one client’s case, some of the refusal reasons given referred to issues that were not directly related to the particulars of the development. Other reasons were comprehensive in the policies referred to. A detailed analysis of the reasons and policies behind the planning refusal was carried out. We then produced an appeal statement to address every point – even those that were not entirely relevant, to ensure that every element was dealt with. This resulted in the inspector granting the appeal so that the development could be carried out.

Use of Section 106 Obligations

Section 106 Obligations are important to factor into any planning appeal. We have drafted and negotiated a full range of reports into using these obligations to address any breaches that might lead to a refusal well before they can arise. This has included allocating land for various public uses, creation of environmental schemes, funding to support community projects and support for community buildings. Dealing with such matters does require specific instructions and the fees charged depend on various factors. Where it is possible to do one unilaterally without a mortgage being on the site, then a fixed fee is possible. Where there is a mortgage involved in the land, or it needs to be negotiated with the Council, then the fee rates will reflect the time undertaken. However, with the detailed knowledge of how councils work and how to work around Section 106, we believe we are very competitive in…

Planning Objections

From time to time, we have worked with clients that are looking to object to proposed developments, who need someone to research and advocate on their behalf. We agree upon a fee for doing this work, including attending planning committees to present the case on behalf of the objector. Whilst simple letters are easy to give a fixed fee quotation for, sometimes more work is necessary, resulting in a need to charge higher fees. We have seen success in causing developments to be refused or delayed as a direct result of our interventions. The delay in turn has resulted in developments sometimes not taking place due to the increased costs the developer has incurred. If you need help objecting to a proposed development, get in touch with us to see how we can assist you.  

An Introduction to HEAL Planning Appeals

Welcome to HEAL Planning Appeals. In this video, you will find out what we offer and why we are qualified to handle your appeal. If you would like to find out more about our products and services please contact us. Remember, if you are thinking of starting an appeal, time is very much of the essence. Telephone: 01743 369911 Email: appeal@planningappealsuk.com