DLBP wins appeal for larger replacement house, overcoming Council’s policy objection

Location:
Epping Forest District Council

Issue:
Overcoming Council’s in-principle policy objection to the proposal and impact of a larger dwelling

How we helped and added value:
Our client approached us to assist following the refusal of their full planning application to demolish an existing house and its replacement with a significantly larger house on a site on the edge of the Green Belt.

The Council had refused the application on the basis that loss of the building would reduce housing choice within the District where the existing ‘bungalow’ is protected in the emerging Local Plan. The Council also identified that the materially larger house would have an adverse impact on the amenities of the adjacent residential occupiers, including two properties that sit immediately to the front of the site.

We advised our client that the best prospect of securing permission would be via an appeal. As part of the appeal, we prepared a robust statement that set out a variety of arguments to undermine the case and support the case for granting permission. These included a demonstration that the existing building could not be considered to be a bungalow under the strict definition of the term and, secondary that the property would have limited potential to assist in providing accessible housing. We also undermined the weight to be afforded to the Council’s emerging Local Plan, highlighting that there is no conflict with the current Local Plan. With respect to residential amenity issue, we advised that additional reports and drawings should be provided to demonstrate that the harms alleged by the Council would not occur.

The Planning Inspector agreed with the case put forward and allowed the appeal, granting planning permission for the larger house.

DLBP secures approval for additional storey to building following previous refusals

Location:
London Borough of Lambeth

Issue:
Overcoming Council’s previous rejections of a similar development

How we helped and added value:
Our client owned an end-of-terrace dwelling in a residential area of Lambeth, and had had two previous planning applications for an upward extension refused on design grounds. Our client approached us with a view to challenge the Council’s decision at appeal.

After reviewing the case, we alerted the client that following the Council’s decision new permitted development rights had been introduced by the Government for upwards extensions. It was our view that the subject property would benefit from these rights and that a scheme could be designed to accord with the regulations whilst also meeting the client’s requirements. Importantly, the scope of the Council’s assessment of the revised scheme as part of an application for ‘prior approval’ was more limited that the previous full planning applications, significantly increasing the prospects of it being granted.

We then prepared and submitted an application for prior approval - the first such one of this type that the London Borough of Lambeth had dealt with since the new permitted development rights had taken effect - and engaged with the Council's officer on design matters to ensure that the proposed materials of the extension would be appropriate to the host building and surrounding character. The Council accepted that the proposal complied with the relevant exceptions, limitations and conditions specified in the new permitted development regulations and granted prior approval for enlargement of existing house by one storey.

Not only did this secure permission for the client’s desired development, but it did so in a far reduced timeframe than would have been the case had an appeal been followed.