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".