Planning Appeal - Dismissed

[N8te]

Hi all,

In short I made an application for a two storey side extension last year which was refused for various reasons which I appealed and the appeal was dismissed for a different reason, but both relating to the character of the street.

 

I'm not going to die on this hill if I'm wasting my time but one aspect of the decision is still bothering me. My next door neighbour had an extension approved (prior to me moving in) for what is a rather unconventional looking extension (putting it politely) and the reason the planners allowed it was explained: “Whilst it is acknowledged that no other property has a similar extension, the character of the cul-de-sac, is vernacular and of no particular merit worthy of retention.”

 

However my refusal was based on the impact on the character of the area (because the gaps between the houses was being made smaller)  which to me is a direct contradiction to the reason next door's was passed. The cul-de-sac I live on isn't great visually with all houses being concrete/brick 1950's semi's with a whole variety of extensions (none of which are the same) so I was surprised the planners are so dead against mine particularly as nobody in the street objected to it. The town council did object but their reasons were not material.

 

Now the appeal has been dismissed is that it? The original decision was littered with errors and made no reference to the neighbour's determination so I assumed the appeal would be upheld due to the lack of consistency with my decision. Should it not not have been explained to me in both the original decision and the appeal why they have contradicted the earlier planning decision that the road has no merit? 

 

I appreciate they are not bound by earlier decisions but as the decision is so different surely they should have explained the volte face?

 

Happy to provide any documents or explain anything further. 

 

Thanks for any advice anyone is able to offer, Nathan 

 

 

 

 

 

 

[Mr Punter]

What the appeal decision gives are the reasons for refusal.  The inspector will often not take account of a number of reasons for the original refusal by the LPA, so this can give you a narrower target for a new submission.

 

From what you have reported you will need to focus on the gaps between houses.  Did your proposal close up the gap more than your neighbours?

 

If you give a link to the planning application and appeal we can have a look.

[ToughButterCup]

47 minutes ago, N8te said:

...

I appreciate they are not bound by earlier decisions but as the decision is so different surely they should have explained the volte face?

...

 

Correct - not bound - but decisions need to be consistent. Here's a long list of resources to substantiate my statement. There is no requirement to explain differences between decisions in a group of houses ( or anywhere)

 

54 minutes ago, N8te said:

... my refusal was based on the impact on the character of the area (because the gaps between the houses was being made smaller) ...

 

There you are: address that issue and you'll have a much better chance at getting your application through.

56 minutes ago, N8te said:

...

In short I made an application for a two storey side extension last year which was refused for various reasons which I appealed and the appeal was dismissed for a different reason, but both relating to the character of the street.

...

 

This (above)  would be my main concern. List all those reasons for rejection, and address them before submitting another application.

Be reassured. You are in excellent company here. A very large proportion of members have had to demonstrate real determination and grit to get their applications through.

[nod]

It would be well worth you spending on a planning consultant They are not that expensive in the grand scheme of things 

[Deejay]

ToughButtercup - I found it very interesting what you said about consistency.  We have currently submitted a pre planning enquiry to demolish our 1970's bungalow and replace it with a new build house.  We gained planning permission in 2011 for the construction of 2 new dwellings on the site which has a narrowish entrance.   The two houses and bungalow stand in a line to the right of the access road so the bungalow now looks very out of place in this conservation area.  In the pre-app response letter from Planning last week, the Highways Officer has said the access road should be 5 metres which is totally impossible as there are old cottages at the entrance.  Do you think there is a lack of consistency in approving in 2011 two new dwellings with existing entrance (road does widen further down), but saying it has to be widened for a replacement dwelling.    Your thoughts would be appreciated but in any event, I shall investigate what you have said, so thank you.

[Adsibob]

36 minutes ago, nod said:

It would be well worth you spending on a planning consultant They are not that expensive in the grand scheme of things 

Plus 1.

[NSS]

1 hour ago, Deejay said:

ToughButtercup - I found it very interesting what you said about consistency.  We have currently submitted a pre planning enquiry to demolish our 1970's bungalow and replace it with a new build house.  We gained planning permission in 2011 for the construction of 2 new dwellings on the site which has a narrowish entrance.   The two houses and bungalow stand in a line to the right of the access road so the bungalow now looks very out of place in this conservation area.  In the pre-app response letter from Planning last week, the Highways Officer has said the access road should be 5 metres which is totally impossible as there are old cottages at the entrance.  Do you think there is a lack of consistency in approving in 2011 two new dwellings with existing entrance (road does widen further down), but saying it has to be widened for a replacement dwelling.    Your thoughts would be appreciated but in any event, I shall investigate what you have said, so thank you.

 

Not saying this is the reason, but you may have fallen foul of the access width required for fire appliances. That requirement may not have existed when the previous development was approved.

[Deejay]

Because of the length of the access road, approx 68 m (I think), we had to have a reversing area for emergency vehicles.  We had a new road constructed from scratch to a commercial grade.  What do you think about the consistency approach?

[NSS]

1 hour ago, Deejay said:

Because of the length of the access road, approx 68 m (I think), we had to have a reversing area for emergency vehicles.  We had a new road constructed from scratch to a commercial grade.  What do you think about the consistency approach?

 

I'm not sure the consistency argument can be applied if the regs have changed since then. Try speaking to the Fire Service maybe?

[ToughButterCup]

16 hours ago, Deejay said:

...

Do you think there is a lack of consistency in approving in 2011 two new dwellings with existing entrance (road does widen further down), but saying it has to be widened for a replacement dwelling.   

...

I would love to be expert enough to answer your question. 

At best I might have a little time today to speed read myself into drafting a hesitant answer.

 

Can you provide links to supporting documentation please, thanks. 

Cladding calls. Oh joy!

 

[Deejay]

Thank you for responding and I am sorry to have hijacked this post.  I had already posted earlier this under heading Pre-Planning enquiry - Highways Response.  This posting gives more detail about our situation.  Would you have time to look at this posting to see whether it helps in any way.  I have spent a lot of time trying to find out whether there is any new legislation regarding road widths and can't find anything.  The entrance is approx 4 m with the cottage on the right as you enter having a one metre open area (like a bit of pavement) so the building is not right up to the 4 m point of the entrance.  It then widens further down.   We had construction lorries, cranes, etc using the entrance (which has no splay area) during the 2011 build.  I'm grateful for any help you can offer.