Mark Jones Planning Consultancy

The application property is a historic farmhouse located in the hills of Saddleworth.  The house had not been modernised and was in need of a sensitive upgrade.

The clients wanted to undertake a contemporary two storey side extension to accommodate a large kitchen, additional bedroom and bathroom, whilst taking advantage of the views.  They also wanted to extend the ground floor living accommodation and keeping the cottage feel.  

Creative Architects and ourselves met with the client and undertook a planning appraisal setting out the options available.

We were mindful that the property was located within the Green Belt and as a consequence an extension should not result in a disproportionate addition to the original building.  We advised against submitting a combined planning application for a two-storey side and single storey rear extension as its volume would have resulted in a disproportionate extension to the original building.  The solution was to submit a planning application for a side extension and then use permitted development rights for a rear extension.

We initially secured planning permission for a two-storey side extension on the footprint of the existing garage, ensuring that it would not impact on any future rear extension that could be built under permitted development.  Prior Approval was subsequently obtained under the Larger Home Extension for a single storey six-metre rear extension.  We have recently obtained a certificate of lawfulness for a detached garage that will be cut into the sloping land.

By meeting the client early in the planning process it allows us to explain to the client what can be delivered using both a planning application as well as using permitted development rights for householders.

We have recently been granted Prior Approval to convert a number of agricultural buildings in the Oldham area of the Greater Manchester Green Belt into dwellinghouses as permitted under Part 3, Class Q of the Town and Country Planning (General Permitted Development) Order 2015. These have included conversions at Sandy Lane Farm, Heights Fold Farm, Springhill Farm and Lower Hills Farm.

From 21st April 2024 Class Q has been amended as follows:

1. No more than 10 separate dwellinghouses can be developed under this Class.
2. The floor space of any dwellinghouse cannot exceed 150m2.
3. The cumulative floor space of dwellinghouses developed under this Class cannot exceed 1,000 square metres.
4. Small single storey rear extension (4 metres) are permitted but must be situated on land that's covered by an existing hard surface that was provided on the land on or before 24th July 2023, or (if provided on the land after that date) for at least 10 years.  The developer needs to apply to the LPA (i.e. submit an application for prior approval) with respect to the additional issue of "the impact of the proposed extension on the amenity of any adjoining premises".
5. The existing building must be capable of complying with the "the nationally described space standard".
6. The building must have "suitable existing access to a public highway"

If you have an agricultural building that meets the above criteria please get in touch to see if we can help you.

After obtaining outline planning permission for three detached houses we are pleased to have obtained detailed planning permission for three larger houses with generous gardens.  During the course of the planning application the Council imposed a Tree Preservation Order on the site, but with a detailed arborist report produced by Mulberry TMC the issue was successfully addressed.  A detailed landscape scheme was also produced by The Plant Room which proposed a range of native trees throughout the site to compensate for those that were to be removed.  Ecological enhancements were proposed in the form of bird and bat boxes.

Working positively with experienced Oldham Council Planners resulted in agreement being met with regards to planning conditions that met the strict planning tests. Initially the Council planned to remove all permitted development rights for extensions, outbuildings and alterations, but after discussing Government policy and recent appeal decisions, it was considered that such a condition was not necessary. This means that future residents will be able to extend their houses using permitted development rights as well as small outbuildings without having to apply for planning permission.

The site is located within the Green Belt where development is tightly controlled. The Council's Planning and Highway Officer's both agreed that access to the site was safe and would result in much needed housing within the Borough.

A small extension to the front of a bungalow in the Green Belt has been allowed on appeal even though it was found to result in a disproportionate addition to the original dwellinghouse.  

The Inspector found that when balancing the planning issues the proposal would provide a very significant benefit in terms of the standard of accommodation the dwelling would provide in the long term.  It was also found to improve the living conditions of the current occupiers of the property.

These matters cumulatively carry very substantial weight and accordingly this outweighs the harm to the Green Belt. On this basis the very special circumstances needed to justify the proposal were demonstrated.

Another fantastic appeal success at a mid-terraced house (C3 use) in Eccles to convert it into a small 5 person HMO (C4 Use) despite the Council raising objections to the proposal on the basis that the proposed development would not provide acceptable living conditions for future occupants.

Salford Council have a blanket Article 4 Direction which removes normal permitted development rights for changes of use from Class C3 to Class C4 in order to manage amenity and character impacts associated with HMOs, as well as to ensure that balanced communities are maintained within the City.

Planning Inspector Nigel Harrison noted the Council’s licensing team confirmed the scheme would fully comply with its HMO standards with appropriate accommodation being provided. He also confirmed that all bedrooms would be laid out so that they could accept a single or double bed, other necessary furniture, and some storage space. Bedroom sizes exceeded the Council’s Standards for HMOs. Whilst the Council’s HMO Guidance does not form part of the development plan, it is a Council document that has been prepared to ensure HMOs adhere to acceptable standards.

The Framework sets out three overarching objectives to achieving sustainable development. One of these, the social objective, seeks to support strong, vibrant, and healthy communities by ensuring that a sufficient number and range of home types is provided to meet the needs of present and future generations. The appeal proposal was considered to play a part in meeting these objectives.
The Planning Inspector also granted a Full Award of Costs in favour of the appellant on the grounds of the unreasonable behaviour of Salford Council resulting in unnecessary or wasted expense.
     

We are delighted to report that we have been successful at appeal to demolish an outdated bungalow and replace it with a two storey house with dormers to the rear and an entrance feature with the Billinge area of Wigan.  The Council felt the proposed house represented overdevelopment of the plot and would result in unacceptable overlooking of the neighbour's garden. It was also considered to be detrimental to the outlook and living conditions of the occupiers of another neighbouring house.

The Planning Inspector disagreed with the Council and did not consider it to have a harmful effect on the character or appearance of the area. He stated that it “could perhaps be said to reflect the character whilst also improving the street scene.”

With regards to the loss of privacy to the neighbour’s garden the Inspector found that the rear dormers were far enough away to avoid any loss of privacy and the dormer windows were in accordance with the Council’s published guidelines.

In terms of the loss of outlook from another neighbouring house the Inspector felt that the topography of the area; the subservient design of the house and position of windows serving primary and non-habitable windows would not appear over-dominant or significantly detrimental to outlook.