Planning appeal success for an architect-designed family ...

Our team of planning consultants have secured approval at planning appeal for an architect-designed, family home, in Brighton & Hove. We are delighted that our strategic inputs have resulted in planning approval, despite a number of historic refusals on site.

Securing planning approval for residential development – project background

The plot comprised a triangular piece of undeveloped land on a residential estate. The unique nature of the site in terms of its size and shape, meant a number of key constraints both in planning and design terms. Our client’s chosen architect had produced an innovative scheme which sought to work with these constraints and provide a home that will make good use of redundant land whilst assimilating with neighbouring context and design.

The site had a complex planning history – with two refused planning applications and a dismissed appeal for residential development. Following a third planning refusal, we were contacted to assist, as the landowners were unsure of how best to proceed. They had great faith in the development potential of the plot but were aware that a further final appeal attempt would likely be their last shot at securing planning permission for this project on site. Our review of the planning history and associated refusals identified that despite the subjective nature of the most recent refusal on design grounds, we felt we could make a robust case at planning appeal and that there would be merit in pursuing this route.

Planning appeal strategy for a refusal on design grounds

A key reason for the most recent refusal from the LPA related to design issues. This is a very subjective issue, and as part of our appeal submission we presented a strong case to the Inspector, identifying how the revised proposals responded to concerns raised by the previous refusals, and evidenced how the design would assimilate effectively into local context and make best use of the site. We successfully argued how the scheme responded to neighbourhood design and improved the layout of the cul-de-sac, which was acknowledged by the Inspector.

Our appeal statement also identified:

that the LPA’s most recent refusal had not taken into consideration the previous appeal decision despite no change in local planning policies and that as a result the appellant had been denied consistency in decision making;
that the LPA couldn’t demonstrate a 5-year housing land supply and as such, had not given sufficient consideration to relevant national planning policies;
how the proposal would make efficient and effective use of land, which currently provides no amenity value to the local area.

With such a complex and sensitive project, it was important to understand both the specific refusal reason(s) whilst balancing the overarching policy requirements of the Local Planning Authority (LPA). Our in-depth knowledge along with our appeal and legal research capabilities, mean we are well versed in establishing up-to-the minute appeal precedents and Case Law to substantiate our key arguments. On balance, the Inspector agreed with our case and planning permission was granted. We were absolutely delighted to have helped our client find a way forward on their project.

Next steps – submit a planning appeal or go back to the drawing board?

If you have been refused planning permission, there is a right to appeal to the Planning Inspectorate. However, we often advise that all options should have been exhausted before submitting an appeal.

When faced with a refused planning application, the starting point in most cases is to consider a resubmission to address the local authorities concerns. Most resubmissions benefit from the council’s “free go”, where the second application’s statutory fee is waived, and it allows you to retry to secure planning permission. If the principle of development of the amendments needed do not sit with your aspirations, then a planning appeal can be explored.

In this instance, the applicant had tried to work with the local authority to find a solution through the resubmission route and was unsuccessful. We were able to set out the advantages and disadvantages of pursuing an appeal and help our client find a way forward. In this case we felt that the refusal reasons were not fully justified, and an appeal would be sensible.

Get in touch

Our knowledgeable and experienced planning consultants can help you put forward a robust case whether that’s a written representation, a hearing or an inquiry. Sometimes it might just be the case of additional negotiation with your local council that is required, but we can help you choose the best planning appeal route.

You can find more information about our appeal services and our access to case law and appeal precedents here.

If you feel that you could benefit from planning support from one of our consultants via enquiries@plainview.co.uk or call us on 01242 501003 to see how we can best assist you, providing the site address and a brief overview of your project. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.

Content correct at the time of publication. For the most up-to-date advice or to discuss your project, please contact our team directly.