We were approached by our client in June after they received a refusal for the a new build dwelling from Tameside Council.
The reasons given by Tameside Council were;
The proposed dwelling by virtue of its scale, design, massing and siting would have a harmful impact upon the special architectural and historic interest of the designated heritage asset Godley Hall Inn, a Grade II listed building, the proposed dwelling would not preserve or enhance the setting and therefore the significance of Godley Hall. As such, the proposal would amount to substantial harm to a grade II listed building, with no public benefits identified. The proposal would not accord with policies C5 and C6 of the Tameside UDP and the National Planning Policy Framework.
By virtue of its layout, massing, scale, siting and design the proposed development would be unsympathetic to the architectural style of the properties in the surrounding area, and as such would fail to complement and enhance the character and appearance of the wider area. In addition, the proposed development would be visually harmful, would not appear subservient and would have a significantly adverse impact on the character and appearance of the surrounding area comprising of an overdevelopment of the plot. Accordingly, the proposal would be contrary with Policies H9, H10 and C1 of the Tameside Unitary Development Plan (2004) (UDP). The proposal would also not comply with Policies RD2 and RD22 of the Tameside Residential Design: Supplementary Planning Document (2010) (SPD) and policies 130 & 134 of the National Planning Policy Framework.
The development as proposed fails to provide adequate quality useable/dedicated proposed outdoor amenity space for the residents of the proposed development. The amenity area is constrained by the size and appropriateness of the plot. The private amenity areas provided offers limited space/opportunities for private amenity and is of extremely poor quality which would not adequately serve the health or well-being of the occupants of, or be concordant with, four-bedroom, detached houses. Consequently the proposal is unacceptable and is considered contrary to Policy H10 of the UDP, Policies RD11, RD12 and RD18 of the Residential Design SPD. In addition, it is considered that the scheme represents a failure of good design that would be contrary to paragraph 130 of the National Planning Policy Framework.
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 50-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 Tameside Metropolitan 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.
A site visit was made by a planning inspector on April 4th, and we received their decision on July 14th.
We are pleased to announce that the appeal was successful and planning permission granted.
If you have recently received a refusal from your local council, give us a call on 01743 369911 and clam your free no obligation consultation.
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.