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.
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."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.
