Appeal Win (11th November 2016) for a Dwelling in Pembroke Dock Following Three Previous Planning Application Refusals, Together with the Granting of Planning Permission for an Alternative and Innovative Dwelling Design on the same Plot (23rd August 201
Another significant appeal win and planning permission achieved for Hayston Developments & Planning Ltd especially given the planning history of the site as having three previous planning application refusals since 2014. In 2014 an application was made to Pembrokeshire County Council for the erection of a dwelling at a plot in Sycamore Woods, Pembroke Dock. However, this was refused. It was considered that the majority of the site was located outside the settlement boundary, it was cramped affecting residential amenity, its siting on higher grounds could lead to overlooking and a detrimental impact on local amenity and it would ultimately not be in accord with the character and capacity of the site and area. Further details of scale and layout were requested by the Council. The second application was refused in 2016. Despite the submission of further detail it was still deemed that the site was cramped and had an overbearing impact resulting in loss of residential amenity. The Council did not consider at this time that any scale of residential development within the defined settlement boundary could be designed to mitigate the identified concerns. The third and final application for the site was refused for the same reasons on 1st April 2016. It was at this point that the applicant engaged with Hayston for additional support and to submit an appeal.
Hayston advised on a strategy of submitting a forth application for this site, whilst also appealing against the previous refusal. After reviewing the Council’s refusal reasons Hayston identified flaws in their evaluation that could be challenged and considered with quality presentation, and development of a robust case, both an appeal win and the approval of a new carefully designed planning application could be achieved. As you will see from the both decision notices below (the appeal and planning application) this strategy and further negotiations at the appeal hearing were key to achieving successful outcomes.
On 23rd August 2016 the Council granted permission for a newly designed bespoke contemporary dwelling on the site (Ref: 16/0453/PA). Within the delegated decision report the Council made the following comments within their evaluation:
· The dwelling has been designed to take account of the constraints of the site, including the location of the settlement boundary, size of the site and site levels…. The design of the proposed dwelling is unusual in its appearance and partially sunk into the ground.
· The proposed finished floor levels and overall height are lower than previous submissions.
· Whilst the scale, nature and appearance of the proposed dwelling differs from those in the vicinity of the site, due to its positioning and low lying nature it is considered that the proposed dwelling would be compatible with the capacity and character of the site and the area in which it is located.
· The proximity to the existing residential development remains similar to previous submissions, however, the scale and nature of the proposed dwelling differs from previous refused applications…………………..it is considered that the proposed dwelling would not result in a significant detrimental impact on local amenity, therefore the proposal complies with criterion 2 of policy GN1 of the LDP.
An appeal hearing against the Council’s decision to refuse the previous application (ref: 15/1154/PA) was held on 14th September 2016 and the Inspectors decision was issued on 11th November 2016. The Inspector allowed the appeal and instructed that planning permission be granted for this original design. Hayston made a robust case against the Council’s reasons for refusal concluding that the proposal was in fact acceptable. The Inspector agreed citing the following comments in the appeal decision notice:
· A clear majority of the site indisputably lies within the settlement boundary. The proposal would not result in a significant encroachment into the open countryside such that the strategic aims of the LDP Policy GN 26 would be offended.
· Whilst the scale, orientation and location of the dwelling would depart from the prevailing form and pattern of development on Sycamore Woods, I consider that it would not appear incongruous within the street scene.
· The lowering of the ground level would significantly reduce the prominence of the appeal site, and the retaining wall, earthen banks or similar would be largely screened by the prevailing topography from many viewpoints.
· I must have regard to the planning permission (ref: 16/0453/PA) granted by the Council for the appeal site. In addition to a proposed flat roofed, tiered dwelling of contemporary design, the extant permission would result in structural and physical ground works similar to those that would result from the appeal scheme. Notwithstanding the lower height of the permitted dwelling, I consider that the effects on the character and appearance of the immediate area would be similar in type and magnitude. I afford this extant permission significant weight and , for the reasons given, conclude the proposal would not result in material harm to the character and appearance of the area and would therefore accord with the design objectives of LDP policies GN 1 and GN2.
· At the hearing the appellant proposed a condition to reduce the ground level of the appeal site by an additional metre. I consider that reducing the site level by an additional metre would allow a dwelling to be constructed on the appeal site which would avoid harmful overshadowing or overbearing impacts on Nos 4 and 6…. The proposal would not unacceptably harm the living conditions of neighbouring occupants.
Appeal Win – Enforcement Notice on the Operation of a Pizza Take-away in New Quay Dismissed and Costs Awarded !! (07th November 2016)
A significant win for Hayston Development & Planning Ltd where, due to the robust case we presented, costs were awarded and half the appeal had been won before the hearing was even held, Our client entered into a ten year lease on a commercial property in New Quay and opened up a Pizza Takeaway business in August 2015. In February 2015 our client received an Enforcement Notice based on non-compliance with two planning conditions. The original planning permission restricted take-aways being sold and operational hours to 21.00hrs. Although the enforcement notice failed to directly specific what planning or material harm had been caused (another issue raised) linking the notice to the referenced planning permission it was on the basis of noise and Highways safety.
Hayston undertook a detailed review of commercial operations in New Quay and through clever presentation clearly demonstrated that the planning conditions imposed on the site were ‘inconsistent’ and ‘unreasonable’ to the rest of New Quay and that no harm could be demonstrated. Following the issue of our 6 week statement Ceredigion County Council withdraw it’s enforcement action on the hours of operation and accepted it was unreasonable to have restricted these. In addition to the commercial analysis, a full review and presentation of information was provided on the traffic management controls in place, the fallback position of its commercial use (i.e. A1 retail use), freedom of information data on incidents and the practical reality of balancing the unique challenges that all coastal tourist present (economic vitality, traffic management control, tourism etc).
Failure to win this appeal would have meant our client would have had to close down his business within a week and would have been left with a further 9 years on his lease for a commercial property that was of no use to him. A very good win indeed !!
1st Appeal in England Won ! - Hampshire Appeal Won Against a Council Refusal to Change the Use of a Property from Light Industrial to Residential and the addition of a first floor rear extension (30th September 2016)
Yet another important appeal win for us here at Hayston Developments & Planning Ltd and our first appeal win in England !! An application was made to Basingstoke and Deane Borough Council for change of use of this traditional two storey end of terrace building (originally designated as a Grade II Listed Building, however, de-listed in 2012) to a residential dwelling with first floor rear extension. This was refused. It was at this point that the applicant and existing Agent engaged with Hayston for additional support.
The main issue for the refusal was the alleged impact the development would have on the living conditions of the occupiers of the neighbouring property with regard to outlook. Hayston challenged the refusal making a robust case that the proposed development would not have an overbearing effect on the amenities of the neighbouring occupier and hence would not be unacceptably visually oppressive. In fact, given the scale, design and layout of the neighbouring garden and the associated existing features / condition of both sites such a proposal would enable enhancements to be made to the property, not cause harm, hence improving its setting within this village location. The proposed site also fell within a Conservation Area and therefore restoration of this building was seen as an important material planning consideration, which the Inspector agreed and concluded " This would improve the appearance of the building, which in turn would enhance the appearance of the Conservation Area, and the setting of adjoining Listed Buildings".
In relation to the proposal having an detrimental impact on the neighbours outlook, however, it was concluded that "Given the existing conditions to the rear of The Malt House, with the high boundary wall along the shared boundary with Pioneer House, the open aspect to the south-east, the patio arrangements, and the relatively deep garden, the proposal would not result in any significant loos of outlook, nor would it be especially oppressive or overbearing".
An important appeal win for us here at Hayston Developments & Planning Ltd. An application was made to Bridgend County Borough Council for extensions and alterations to a Cottage in the heart of the countryside in Pontycymer. This was refused. Following refusal by the Council the Client made the decision to appeal, with the continued support of Hayston.
Hayston Developments & Planning Ltd was engaged as the Agent for the design (planning drawings), planning strategy and appeal case submissions. We worked in conjunction with Mr Hilton Marlton of Hilton Marlton Design. As with all cases 'subjectivity' is always a factor and therefore high quality submissions are required in order to demonstrate and justify proposals are acceptable and in accordance with Policy. Hayston represented the Client at a Hearing on 19th July 2016. Hayston argued that the proposal delivered a sustainable design and development solution that not only improved and enhanced the visual appearance of the building and its functionality, but was also sympathetic to its rural environment.
On the 26th July 2016 the Planning Inspectorate concluded that the appeal against Bridgend County Borough Council was justified and that planning permission should be granted. Some comments the Planning Inspectorate made on the proposal were as follows:
"The form of the proposed rear extension would reflect the rural vernacular of the existing dwelling, both in its overall dimensions and in its modest windows and doors and, in this sense, would represent an improvement to the existing rear annexes, which have a domestic character and appearance unsympathetic to the rural context"..............
"Whilst I accept that there is some element of subjectivity in determining whether or not particular materials are attractive, I am conscious that Planning Policy Wales (PPW) says that architectural tastes should not be imposed arbitrarily and opportunities for innovative design solutions should not be inhibited".........................
"I consider that, due to the specific circumstances of the site and the quality and nature of the design, the extended dwelling would retain the character and appearance of a modest, traditional farm building. Consequently, I conclude that the proposal would accord with the objectives of the Local Development Plan".
A bit of a first here for us at Hayston Developments & Planning Ltd, as we like to think of this as our first appeal win in England. An application was made to Cotswold District Council to create a lean-to, stairs to the rear of the property, and to replace doors and windows. This was refused in June 2015.
Whilst we did not attend the hearing, we provided all of the planning drawings for the project, and assisted with the conservation statements. On this particular project, we worked in conjunction with Mr Hilton Marlton of Hilton Marlton Design. The Inspector agreed with our argument that the proposal would not harm the Grade II listed building, nor would it damage the heritage interest of an adjoining building. The Inspector also concluded that the proposal would preserve the character and appearance of the Conservation Area in which the properties are situated.
An important appeal win for us here at Hayston Developments & Planning Ltd, as Pembrokeshire County Council refused to grant permission for the sign outside our offices. An application was made for the sign in November 2010 and a decision was due in January 2011. Eventually, PCC returned a refusal (in May 2015) and it was against this decision that we appealed.
The Inspector had some concerns regarding the visual impact of the sign and its placement, but ultimately agreed that the authority had taken a long time to make their decision and the appeal was allowed and therefore the sign will remain.
More appeal success for Hayston Developments & Planning Ltd, this time in Carmarthenshire. Mrs Helen Howell of Picton House, Llanddowrer, was facing enforcement action having modernised the hotel she was renovating. Mrs Howells had failed to seek listed building consent before replacing the aging and tired windows in the property with energy efficient, double glazed uPVC windows. When Carmarthenshire County Council threatened enforcement action, Mrs Howell contacted Hayston.
This was a complex matter due to the building’s status as a Grade II listed building. Following a hearing and site inspection, the Inspector returned a split decision. Mrs Howell has been ordered to replace some of the windows in her listed building, but has also been allowed to retain some of the new windows, thus saving her considerable cost.
Hayston Developments & Planning Ltd are pleased to announce that they have won an appeal on behalf of Mr & Mrs Jones of Llys-Y-Gof, Wiston. Mr and Mrs Jones had previously applied for planning permission to build an annex to their property as their multi-generational family grows. Mr & Mrs Jones Sr intended to move into this annex, which would have a small kitchen and bathroom, as Mr & Mrs Jones Jr need more room in the main house for their growing family. The application was originally denied, with PCC arguing they had been given insufficient personal justification and that the annex was too large and could potentially be used as a separate dwelling.
At appeal, the Inspector found that the personal justification was adequate (and Mrs Jones Sr needs a special mention here, as she gave a brilliantly impassioned plea for the annex) and that PCC did not require any more information than they had been given. The Inspector agreed that the annex was large, but that it was justified by the needs of the family. The Inspector also stated that a simple planning condition could be imposed to allay the fears that the annex could one day be used as an independent dwelling. The appeal was allowed, with this condition, and Mr & Mrs Jones are looking forward to commencing the work on their home.
Mr & Mrs Griffiths - Single Storey Bungalow is replaced with 3 storey contemporary House in Porthgain, PCNP
Director of Hayston Developments & Planning Ltd, Andrew Vaughan-Harries is delighted to announce the recent appeal won for Mr & Mrs Griffiths at The Elms, Porthgain. After two design refusals the appeal was taken to the Planning Inspectorate and the Inspector agreed that the design was to be welcomed and supported in “that the proposal would not harm the character and appearance of the area and would converse the natural beauty of the National Park.”
Mr & Mrs Griffiths were delighted with the successful outcome, stating “Andrew & his team carried out a comprehensive case at the public hearing, to give confidence for the Inspector to grant this innovative and attractive modern design for our new family home.”