Appeal Success. Urban Conversion

Appointed to advise on a proposals Denbighshire County Council intended to refuse, we reviewed  ad advised the client not to amend their proposal but to seek  a decision and  if necessary appeal. The refusal duly arrived.

(c) Richard Broughton Ltd.

The Planning Authority argued that an existing urban building (currently used as  domestic garage/store) between a house and an almost identical (previously converted) would be cramped and harm living conditions of current and future occupiers.  During the appeal process council also sought a  financial contribution to off-site public open space.

We set out  that the scheme met all policy requirements including: 

• minimum density requirement of 40dwgs/ha; 
• the Council's assessment of unit orientation was flawed and privacy would not be harmed; 
• the requirement for POS contribution was not justified or policy compliant; and
• the Councils housing land supply position justified planning permission. 

The Inspector found fully in our favour on all grounds, confirming the "alterations would retain the character of the appeal property... the plot would be... commensurate with the size of dwelling proposed"  She also rejected the Council's stance on orientation, accepting that small windows in the side would be secondary, not on a primary elevation, and  would not cause loss of privacy. She attached considerable weight to increasing housing supply (albeit it was not determinative as she agreed on the key issues). 

She concluded that the Council's suggested (and extensively used) planning condition to provide a mechanism to pay a commuted sum in lieu of on-site provision does not comply with national guidance and that the adopted guidance on POS did not apply to schemes of this size. Absent justification to seek it, the condition was unreasonable and unnecessary. 

Another delighted client.