Plainview Planning have recently secured another appeal win, this time for a change of use application to enable a holiday let to become a permanent residential dwelling near Amberley, West Sussex.
The site had a number of complex historic planning applications associated with it. Its location outside of a settlement boundary and within the South Downs National Park added to the challenging nature of the case.
Material to the planning history were the findings from an appeal in 2006 which had previously sought to change the use of the property from an annexe to a single unit of accommodation. This had been refused over concerns about flood risk and sustainability.
In 2011 Plainview Planning were instructed and managed to secure a change the use from an annexe to a holiday let, with occupancy controlled by condition.
Making the case for a permanent dwelling:
Our client had struggled to let out the holiday let, and so in 2014 sought a change of use to a permanent dwelling. Our planning consultants reviewed the planning history and identified that since the original appeal refusal, the situation had changed locally and concerns about sustainability and flood risk could now be mitigated.
Further to this we identified that the Horsham District Development Framework could not present a five year land housing supply, therefore the revised application should be considered in response to the National Planning Policy Framework (NPPF).
We presented a robust application which identified how the proposed change of use would add to the variety of housing stock on offer within a sustainable location; presented evidence to remove concerns over flood risk; and justified how the proposed change of use would meet the requirements of a paragraph 55 dwelling in preserving the vitality of rural communities.
Constructing a robust appeal:
We were surprised therefore when the application was refused by Horsham District Council on the single ground of living conditions due to the size and layout of the proposed dwelling, especially in light of the 2006 refusal which had clearly identified that this alone was not a reason for refusal.
We took the refusal to appeal and were delighted that the Planning Inspector saw fit to agree with the points we raised and confirmed that the size and amenity of the chalet would provide satisfactory living conditions for future residents and would not be in conflict with the design and amenity aims of local policy.
The appeal was allowed and the change of use permitted.
Plainview Planning are an independent town and country planning consultancy. We provide expert planning support on householder, commercial and development schemes from our offices based in Gloucestershire, West Sussex, Essex and London. Contact our helpful team at firstname.lastname@example.org to see how we can best assist you.