Planning Consultancy:

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Planning Appeals

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Has Your Planning Application Been Refused?

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We understand that a refused planning application can leave you feeling frustrated, especially when Local Authorities become increasingly adverse to negotiating with applicants. At En-Plan we are appeal experts and are here to take the stress out of your planning dilemma, and get you the permission you deserve.  The Planning Appeal process swill be handled by the Planning Inspectorate who are based in Bristol. The Planning Inspectorate for England (sometimes referred to as PINS) is an executive agency of the Department for Levelling Up, Housing and Communities of the United Kingdom Government with responsibility for making decisions and providing recommendations and advice on a range of land use planning-related issues across England. The Planning Inspectorate deals with planning appeals, nationally significant infrastructure projects, planning permission, examinations of Local Plans and other planning-related and specialist casework. They work independently of the Local Planning Authority to ensure a fair and impartial decision of the Appeal

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A Case Study of a successful Appeal: Lammas Barns, Shropshire.

 

 

 

 

 

 

 

 

 

 

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Folllowing on from the refusal by Telford & Wrekin Council for the proposed kitchen and dining room En-Plan were employed to Appeal this decision direclty to the Planning Inspectorate in Bristol.

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The proposal is for a rear extension to an existing barn conversion facing into the courtyard by almost the same extent as the width of the existing wing of the house and for much of its length. It would be single storey though it would include, central to it, a pitched gable extending in its height almost to the ridge of the existing property and which would reflect the same design feature of the existing extension on the end of the wing. External materials would appear to match those of the existing building.

 

The Planning Inpsector upon visting the site had this to say in his conclusion:

However, even if it were to be regarded in this way, I consider that the proposed extension, by its limited size, the use of matching materials and its overall design, would complement the existing building. It would be subordinate to it and would not harm its character or appearance.

 

The appeal has been allowed, and planning permission is granted for a single storey rear extension at Poynton Green Farm, Lammas Barns, Marlbrook Way to Poynton Manor, Poynton, Telford, SY4 4JN in accordance with the terms of application Ref: TWC/2022/0251, dated 2 March 2022, and subject to the following conditions: -

i.    The development hereby permitted shall begin no later than three years from the date of this decision.
ii.    The development hereby permitted shall be carried out in accordance with the following approved plans: AO1(location plan and proposed block plan), AO4 (proposed elevations), AO5(proposed floor plans), AO6 (Proposed 3-D views), AO7 (proposed 3-D image) and AO8 (proposed elevations).
iii.    Notwithstanding what is shown on the submitted plans, the external materials shall match those of the host building.

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A Case Study of a successful Appeal:  Gatefield Street Crewe

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The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The appeal is made by Mr Yates against the decision of Cheshire East Council.
The application Ref 21/2601N, dated 26 April 2021, was refused by notice dated 23 November 2022. The development proposed is described as the ‘demolition of existing building and erection of a residential block of flats’.

Since the submission of the appellant’s appeal, the National Planning Policy Framework (the Framework) has been revised twice. Firstly, on the 5 September 2023 then subsequently on the 20 December 2023. The revisions to the Framework do not directly relate to the main issues of dispute and therefore are not material in the consideration of the appeal before me. The original application provided a site address of 2 Gatefield Street, Crewe, CW1 2JP, however I have used the address from the decision notice as it more accurately reflects the location of the appeal site.

The appeal site is located on the corner of Victoria Street and Gatefield Street within Crewe town centre. The existing building is a former night club which has been predominantly vacant for a number of years. The main elevation of the building faces onto Victoria Street with a traditional double fronted bay windowed Victorian facade. The building has been extended to provide a bar/club room fronting Gatefield Street, this extension has an industrial/utilitarian appearance. The building is in poor condition with several alterations to the external elevations (entrances and windows) and extensively altered internally, including structural issues due to the floors being rotten.

The appeal proposal seeks the demolition of the existing building and the erection of a residential development of flats and ground floor office. The design of the flats is a 3-storey, L-shaped form, which turns the corner of Victoria Street and Gatefield Street and provides a transition between the existing two storey terrace and the proposed flats. The mass is broken up with varying window sizes, balconies, and a changing roofline. The proposal would be constructed largely in brick, with detailing to differentiate levels and to define the roofline.

The Inspector carefully considered the representations of the Council regarding both the height and fenestration of the proposal in regard to any potential impact on the character of the area. In terms of the proposal, based on the evidence before me and my onsite observations, I consider that the scheme is well resolved and positively addresses the junction of Victoria Street and Gatefield Street. The increased height at the junction would not be out of keeping with the street scene or the area in general given that there are a number of other taller buildings within the proximity of the appeal site. The mass of the building would reduce in height in Gatefield Street ensuring that there is a well-articulated transition between the three-storey elements of the proposal and the two-storey terrace that it would adjoin. Furthermore, the proposal would enhance the character and appearance of the area by replacing the industrial/utilitarian extension and infilling the gap in the Gatefield Street frontage, that collectively in my judgement have a detrimental impact on the character of the area. In reaching this conclusion I have had regard to the contribution that the Liberal Club and the Technical Institute make to the overall character and context of the area. In terms of the fenestration, I am satisfied that the contemporary detailing of the proposal although different to the predominantly Victorian building typology would not harm the character of the area. Therefore, whilst I accept the Council’s desire to retain and reuse the original building, the replacement development proposed would not appear incongruous or jarring in this site-specific context. Having come to the conclusions above, it follows that the proposal would not materially harm the Victorian railway town character and appearance of the area. It would therefore not conflict with Policy SE 7 of the Cheshire East Local Plan Strategy 2010 – 2030 and Policy HER 7 Cheshire East Local Plan Site Allocations and Development Policies Document, that seek, amongst other things, to ensure that development proposals avoid harm to heritage assets

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The conditions suggested by the Council have been considered in light of the advice contained within the PPG and the Framework. The appellant has confirmed in writing that, in accordance with the Regulations6, they have no objection to the terms of the pre-commencement conditions proposed by the Council. It is necessary and reasonable that the information required by these conditions be provided prior to the commencement of development, as these are matters which cannot properly or reasonably be addressed following the commencement of the development.
 

In addition to the standard implementation condition (Condition No 1), it is necessary for certainty, to define the plans with which the scheme should accord (Condition No 2). To ensure the satisfactory appearance of the scheme it is necessary for the materials used in its construction to be agreed by the Local Planning Authority (Condition No 3). To ensure the satisfactory appearance of the scheme it is necessary for the details of the fenestration, bin, and cycle storage to be agreed by the Local Planning Authority (Conditions Nos 20 and 21).

 It is necessary in the interests of amenity to ensure that there is adequate protection for the trees on and adjacent to the site during construction and to ensure that the landscaping of the scheme is carried out in accordance with the approved plans (Conditions Nos 4, 5, 6, 7, 8 and 9). Furthermore, it is necessary in the interests of biodiversity to impose conditions that ensures that the scheme is carried out in accordance with a submitted biodiversity plan and that there is the necessary protection for nesting birds (Condition Nos 10 and 11). It is necessary in the interests of highway safety to ensure that the existing drop kerb is removed and reinstated (Condition No 12).

It is necessary in the interests of amenity to ensure that the development is carried out in accordance with the recommendations of the submitted acoustic report (Condition No 13). To minimise the risk of flooding, it is necessary for details of surface water drainage to be agreed with the Local Planning Authority (Conditions Nos 17, 18 and 19). It is necessary to impose conditions requiring an assessment of ground conditions and for details of any required remediation to be submitted to and approved by the Local Planning Authority (Conditions No 14, 15 and 16). Condition No 22 secures a record of the existing building prior to any demolition as a local historic resource, the wording of this condition has been amended to reflect my findings above.

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The appeal is allowed and planning permission is granted for the demolition of existing building and erection of a residential block of flats at 2-4 Gatefield Street, Crewe, CW1 2JP in accordance with the terms of the application, Ref 21/2601N, dated 26 April 2021, subject to the 22 conditions set out in the attached schedule.

 

Why you should choose En-Plan to prepare your Appeal

 

Our High Success Rate In Planning Appeals

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We have continually achieved a high success rate for planning appeals. As we have recently worked as planning officers at senior levels within council planning departments we understand how the planning appeal process works from both sides. We also have access to specialists from other backgrounds such Ecology or Heritage that cab facilitate a more robust statement, and systematically dismantle the reasons for refusal.

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Site Visits And A Supporting Planning Statement

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There are two crucial elements that can mean the difference between success and failure when appealing a refusal. The first is a site visit; this is an essential element to any planning appeal, and is included within every appeal we quote for. A site visit allows us to see your situation first hand, whilst spending time with you and talking through your case on site.  It might also mean at this point that we look to alter the initial submission and alter that and re-submit in order to gain permission or to put you in a stronger position to appeal.  We will look to analyse any other relevant planning history in the locality and use this to strengthen your case as often similar developments have been approved and thereby a legal precedent has been set.

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Secondly, we will write a detailed Supporting Planning Statement. This involves looking at the key issues of your case, addressing their relevant policies (both national and local), as well as setting out the planning grounds in favour of your proposal, and any tricky points that a case may present. There may be weaknesses within the refusal or strengths in your application that need to be better highlighted. We will examine your individual case to ensure it has the maximum potential to succeed at appeal. It’s proven that these two significant elements are often the detail that wins us the appeal.

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Our Process & Pricing For An Appeal

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After investigating all the points of your refused application, we then will provide you with an honest assessment of your situation and whether a planning appeal would be likely to be successful or what alternative options you have. Our fees to handle every stage of your case would typically include:

• A site visit by the lead planner dealing with the case and detailed consultation with you. This allows us to get an invaluable understanding of your case.

• All necessary liaisons with your Council and the Planning Inspectorate.

• All necessary research including Council and Government policies and other decisions which may be relevant to your case.

• Preparation and submission of all documentation.

• Presentation of your case either by a full supporting statement or orally at a hearing or public enquiry if required. Using professional planning arguments, our presentation would answer the type of questions the Planning Inspector may have, challenge the Council’s assumptions and set out in detail why their decision should be overturned.

• We will always suggest the best type of appeal based on your situation.

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The Diifferent Types of Appeal

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There are many different planning  applications and therefore there are many different forms of appela as the below list shows:

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• Appeal a planning decision

• Appeal a householder planning decision

• Appeal an enforcement notice

• Appeal a listed building consent decision

• Appeal a minor commercial development decision

• Appeal a decision about consent to display an advertisement

• Appeal a decision about a lawful development certificate

• Appeal a community infrastructure levy notice under Regulation 117, 118 or 119

• Appeal a modification or discharge of planning obligation application (S106)

• Appeal a decision about a tree preservation order

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How long do Appeals take?

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Please see the below figures provided by the Planning Inspectorate on their average decision times:

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S78 & Householder appeals

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s78 planning appeals Written Reps 31 weeks

s78 planning appeals Hearings 32 weeks

s78 planning appeals Inquiries 26 weeks

Householder appeals Written Reps19 weeks

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Enforcement appeals

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This includes section 174 of the Town and Country Planning Act 1990 in the UK relates to enforcement appeals. It allows for the submission of an appeal to the Planning Inspectorate against an enforcement notice issued by a local planning authority.

 

When a local planning authority believes that there has been a breach of planning control, they can issue an enforcement notice requiring certain actions to be taken or changes to be made. If you receive such a notice and wish to challenge it, you can make an appeal under Section 174, and S39 enforcement listed building appeals and lawful development certificate appeals. If you wish to appeal an enforcement notice, you generally have the option to do so through the Planning Inspectorate there are some general steps to follow.

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Firstly carefully read and understand the details of the enforcement notice issued by the local planning authority. It will outline the alleged breach of planning control and the required actions or changes. You then need to collect relevant evidence to support your appeal. This may include documents, photographs, surveys, or any other evidence that challenges the alleged breach or supports your case.

 

To appeal an enforcement notice, you need to complete and submit the appropriate forms to the Planning Inspectorate. The specific form to use will depend on the type of appeal you are making. The forms can be found on the Planning Inspectorate's website. When submitting your appeal, you need to provide grounds for why you believe the enforcement notice is incorrect or unfair. This can include arguments relating to planning law, technicalities, factual errors, or other relevant factors. It's advisable to seek legal advice or consult a planning professional to help you with this process.

 

There is a specific time limit within which you must submit your appeal. This is typically within 28 days of the enforcement notice being issued, but it's important to check the exact deadline specified in the notice. Once your appeal is submitted, it will be reviewed by a Planning Inspector from the Planning Inspectorate. The Inspector will assess the evidence presented by both parties (you and the local planning authority) and make a determination.

 

The Inspector will issue a decision in writing, explaining whether the enforcement notice should be upheld, modified, or dismissed. The decision is binding, but in some cases, further legal options may be available if you disagree with the outcome.

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Fast Track Your Planning Appeal

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Did you know that for appeals relating to a home planning application (extensions, loft conversions etc) you can now choose to be heard via a Fast Track Householder Appeal Service. Under normal rules the fast track appeal is completed within 12 weeks as opposed to the standard appeal time of around 26 weeks.

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En-Plan Consultants look forward to answering any questions you may have as part of a free no obligation consultation to begin the planning and development process.

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The Planning Inpsectorate

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The Planning Inspectorate is an executive agency of the UK government that operates independently of local planning authorities. It is responsible for handling planning appeals and other related casework in England and Wales. The Planning Inspectorate's main role is to make decisions and recommendations on a range of planning and environmental issues.

 

The Planning Inspectorate handles appeals against decisions made by local planning authorities, including appeals against enforcement notices, refusal of planning permission, and other planning-related matters.

Development Plan Examinations: The Planning Inspectorate conducts examinations of local development plans, which are strategic documents that outline policies for land use and development in specific areas.

The Planning Inspectorate is involved in the examination and decision-making processes for nationally significant infrastructure projects, such as major energy, transportation, and water-related developments. The Planning Inspectorate assesses the environmental impact of proposed projects and provides recommendations or decisions on their suitability.

 

The Planning Inspectorate organizes and conducts public inquiries and hearings to gather evidence and make informed decisions on planning appeals or other significant planning matters. The Planning Inspectorate provides advice and guidance to local planning authorities, developers, and the public on planning-related matters and procedures.

 

The Planning Inspectorate plays a crucial role in ensuring fair and consistent decision-making in the planning system. Its aim is to maintain the balance between the interests of developers, local communities, and the wider public when considering planning appeals and related matters.

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The Planning Inspectorate has a rich history in the United Kingdom, dating back several decades. The Planning Inspectorate traces its roots to the Town and Country Planning Act 1947, which established the system of development control and planning permission in the UK. This legislation introduced the concept of planning inquiries to resolve disputes and make decisions on planning matters.

 

 Over the years, the role and responsibilities of the Planning Inspectorate expanded. It became an executive agency of the UK government in 1991, operating under the Department for Communities and Local Government (now the Ministry of Housing, Communities and Local Government). Its mandate broadened to cover planning appeals, development plan examinations, and other planning-related casework. The Planning and Compulsory Purchase Act 2004 brought significant changes to the planning system and the role of the Planning Inspectorate. It introduced reforms to streamline planning processes, including the establishment of the Infrastructure Planning Commission (IPC), later replaced by the National Infrastructure Planning unit within the Planning Inspectorate. The Act also enhanced the Inspectorate's authority to make decisions on planning appeals and development plan examinations.

 

The Deregulation Act 2015 further modified the Planning Inspectorate's functions, making provisions for the streamlined processing of planning appeals and changes to the procedural rules for inquiries and  hearings.The Planning Inspectorate continues to adapt and respond to changes in planning legislation and policy. It plays a vital role in the UK's planning system, ensuring fair and independent decision-making on planning appeals, development plans, and nationally significant infrastructure projects.

 

Throughout its history, the Planning Inspectorate has contributed to the development and implementation of planning policies, supported local planning authorities, and provided a mechanism for resolving disputes and making decisions in the realm of planning control. Its work has helped shape the built environment and land use across England and Wales.

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