Mark Jones Planning Consultancy

Planning permission was granted to convert the Royal Oak Public House into a dwellinghouse with garden curtilage.  In granting planning permission the Council imposed a planning condition that removed all permitted development rights for the newly formed  dwellinghouse.

The Council’s objections were based on the impact of permitted development extensions on the openness of the Green Belt and the potential impact on the setting of the neighbouring Heights Chapel, a Grade II Listed Building.

The property is located in a remote location and the applicant was intending to build a detached garage under permitted development for the parking of his vehicles and other equipment associated with the property. He was mindful that being in the Green Belt it would raise issues if he was to apply for planning permission for a detached garage as it would not generally meet the exceptions of paragraph 149 and 150 of the Framework. His only option was to lodge a planning appeal seeking the removal of the condition.

The Council was concerned that the removal of the condition could result in disproportionate additions over and above the size of the original building. The Planning Inspector disagreed and considered the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (GPDO) does not seek to limit such rights for properties in the Green Belt. Paragraph 54 of the Framework sets out that national permitted development rights can be restricted using planning conditions but on the provision that there is a clear justification for doing so. He came to the conclusion that the planning permission would result in the change of use from a business use to a dwellinghouse which would then benefit from permitted development rights, but this in itself is not a justification for removing such rights.

The Inspector was also concerned that the Council failed to explain why extensions, buildings or alterations would be harmful to the openness of the Green Belt.

In respect of the neighbouring heritage asset the Council stated that permitted development rights would enable a considerably sized outbuilding to be erected, and that there is a need to have special regard to the desirability of preserving the listed asset’s architectural or historic interest or setting. The GPDO does allow, under Class E, the erection of buildings within the curtilage of a dwellinghouse that are incidental to the enjoyment of it. Such a building would be subject to certain limits and conditions and key amongst these are height restrictions and a limit that such a building within the curtilage. The Inspector concluded that given the height and prominence of the nearby listed building and the two-storey form of the appeal property, such a building, erected under Class E of the GPDO would not detract from the significance of either the listed building or the non-designated heritage asset.

The Inspector concluded that the condition would not meet the tests of being reasonable or necessary and as such the appeal was successful.

Many Councils impose planning conditions that remove permitted development rights on developments within the Green Belt as a matter of course without taking into account paragraph 54 of the Framework which clearly states that planning conditions should not be used to restrict national PD rights unless there is a clear justification to do so. If such a planning condition is imposed seek advice to see whether there are grounds to appeal against such a planning condition.

Working with Creative Architects Ltd and after several long months working with High Peak Borough Council, planning permission has been granted to demolish a single storey stable building with a three bedroom bungalow.  The Council agreed that the proposal accorded with Government guidelines with regards to the redevelopment of previously developed land in the Green Belt.  The bungalow allows the applicant to downsize from a nearby property and for her family to live close.

Despite ongoing discussion about the proposed planning conditions the Council imposed fifteen planning conditions which in our opinion many failed to meet the six planning tests. An appeal against some of the planning conditions was lodged.

APPEAL UPDATE

A Full Award of Costs has been awarded and permission granted to vary and delete planning conditions relating the bungalow.

Environmental Health conditions relating to dust, fires and emissions were not considered reasonable as they are more appropriately dealt with under other legislation. A condition relating to an asbestos survey was withdrawn by the Council.

Conditions were amended to ensure that development could start without any pre-development conditions and some were amended for precision.

As is so often the case the Council imposed a condition that removed permitted development rights for extensions, alterations and outbuildings on the basis of its impact on the openness of the Green Belt and on the basis of protecting the character of the area. Such a condition is contrary to Government advice which states that planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so.
The Inspector concluded:

“I note that the approved dwelling resulted in a reduction in floor area and volume compared to the existing buildings, thus it was determined that it did not have a greater impact on the openness of the Green Belt than the existing development. However, extensions and other alterations/additions which could be carried out to the approved dwelling under PD rights would be relatively limited in this instance, given its setback positioning within the site and its close relationship to the side and rear boundaries. My attention has not been drawn to any specific extensions or alterations which could occur and any harm that may subsequently result. As such, I am not convinced that the removal of the PD rights included within the condition are necessary to preserve the openness of the Green Belt.”

In respect of the Full Award of Costs the Inspector came to the following conclusion:

“Paragraph 049 of the PPG sets out a list of types of behaviour which may give rise to a substantial award of costs against a local planning authority. This includes imposing conditions which are not necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects.

My findings above lead me to conclude that the imposition of the aforementioned conditions, either in their entirety or their specific wording, were against national guidance in that they were either unnecessary, unreasonable or not precise."

Accordingly, the Council behaved unreasonably which resulted in the applicant incurring unnecessary and wasted expense through the subsequent appeal to challenge this decision and the expense of making the costs application. A full award of costs is therefore justified.”
Despite engagement with the Planning Officer about the suggested conditions during the course of the application none of the conditions were amended and this resulted in the planning appeal.

This is a case where the Council was unwilling to enter into negotiations regarding draft planning conditions and did not assess each conditions against the strict criteria imposed through paragraph 049 of the PPG.

Working alongside Creative Architects Ltd we have obtained planning permission for Grandpa Greenes Luxury Ice Cream Ltd by Oldham Planning Committee for the conversion of the public toilets into a café with takeaway facilities together with a glass extension and sedum roof in Uppermill Park.  The scheme includes a public toilet, which will be open during café opening hours, as well as a range of quality food and of course ice cream.  The Council agreed that the proposal would result in the re-use of a derelict building and the public benefits of allowing the scheme outweigh any harm in terms of its impact on the Uppermill Village Conservation Area.

We are absolutely delighted to have obtained planning permission for the demolition of a stone barn/workshop in the Green Belt, in Saddleworth.  

Working closely with Creative Architecture Ltd we have delivered two truly outstanding houses that will deliver lifetime homes for the applicant and her family. By managing the client's initial expectations a fantastic housing scheme has been delivered for local people.

Working closely with Council Planners minor amendments were made to the initial concept drawings, which reduced the need for onerous planning conditions to be imposed.  We can't wait to see the finished properties.

Detailed planning permission has been obtained for an infill house within the Stone Breaks Conservation Area.  

Constructed in natural stone with a slate roof the house will preserve and enhance the character and setting of the Conservation Area.

Working positively with the Planning Officers ensured that a design was secured that was appropriate to the area as well as achieving adequate privacy and amenity standards.

The scheme includes integrated bird and bat boxes and enhancements to the ecology of the area through tree and hedgerow planting.