Planning application refused - any recommendations about making an appeal?

[hrxv1]

The entire process unfolded over a three year window, working with the same planning officer in a central London borough, encompassing two pre-applications and two full applications. This culminated with the officer abruptly refusing the application, despite a request to allow us to decide whether we want to withdraw it.

 

Some background … the house is in a conservation area, at the end of a quiet street with no through traffic. It is behind a block of flats which hides it from street view. We are a family of two adults and two small children. We have lived in it for over a decade but the house (built sometime in the ‘60s) became a bit small so we decided to redevelop rather than sell and move.

 

So, following some research (including this forum) we submitted a fairly detailed pre-app and six months later received a detailed and fairly positive reply. So far so good…

 

It took us a while to assemble all the required reports but we finally submitted the application in early 2021 (so during COVID). The case officer requested a number of pictures (which we promptly supplied) but communication was very delayed. By June 2021 we had a site visit, following which the officer informed us that the application would not be approved on grounds of materials (brick vs stacco) and size of windows, otherwise the application was fine. We were advised to withdraw and do another pre-application, changing nothing other than those two aspects of it, which we promptly complied with.

 

During the pre-application we were advised to revert to a brick finish and to match the size of the windows to neighbouring properties but a new comment was inserted at the very end as a clause stating “while we previously considered that the proposal may be able to be considered acceptable in amenity terms, on further review and internal discussion, it is considered unneighbourly, due to its bulk”.

 

This was a new curve ball but the pre-application process was closed. Working with a chartered architect we demonstrated that the bulk of the proposed design does not have a negative impact as the daylight report shows a very small reduction in the shadow projected on the neighbouring property, supplying numerous images and calculations to prove the point.

 

Following the submission of the second application (and another 6 months) we received a planning rejection, citing bulk and bringing back a subjective argument that it makes the neighbours “feel too shut in”

 

 

Timeline:

 

Nov, 2019 - First pre-application

 

Mar 2020 - First pre-app response

 

Jan 2021- First application

 

Aug 2021 - Application withdrawn, on advice of planning officer

 

Aug 2021- Second pre-application

 

Nov 2021 - Second pre-app response

 

Mar, 2022 - Second application submitted

 

Sept 2022 - Application refused

Reason(s) for Refusal:

 

1 The proposed replacement dwelling would make the people living in the flats within Arondale House feel too shut in. This is because of its bulk and height and how close it is to windows in that property. This would not meet Policies 7 and 38(C) of the City Plan 2019 - 2040 (April 2021).

 

2 Because of the lack of any soft landscaping in the ground, and sufficient permeable hard landscaping around the top layer of the basement (where not directly below the ground floor of the new house), the excessive floor to ceiling height of the proposed basement exceeding 2.7m, it is considered the proposals fail to incorporate sufficient sustainable urban drainage measures and landscaping to mitigate flood risk .This would not meet policies 34, 35 and 45 of the City Plan 2019-40 (April 2021).

 

Informative(s):

1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way so far as practicable. We have made available detailed advice in the form of our statutory policies in the City Plan 2019 - 2040 (April 2021), neighbourhood plan (where relevant), supplementary planning documents, London Plan (March 2021), planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. However, the necessary amendments to make the application acceptable are substantial and would materially change the development proposal. They would require further consultations to be undertaken prior to determination, which could not take place within the statutory determination period specified by the Ministry of Housing, Communities and Local Government. You are therefore encouraged to consider submission of a fresh application incorporating the material amendments set out below which are necessary to make the scheme acceptable.

 

Required amendments:

- Reduce the bulk of the proposals to reduce impact on neighbouring properties

- Include more substantial in the ground soft landscaping in particular to the rear courtyard area adjacent to the boundary with 51 Harrow Cliff, and include more permeable surfaces in this area; and provide further details of the make up of the soil above the basement layer; and further details of the proposed green roofs;

- Additional mitigating measures to reduce flood risk and ensure provide Sustainable Urban Drainage

- Reduce the floor to ceiling height of the proposed basement to comply with our basement policy and be no more than 2.7m

- Include more sustainability measures, including PV panels to the roof; domestic hot water panels and waste water heat recovery; further details of the PassivHaus standards that are to be incorporated and how this will achieve and certified; details on how the Domestic Hot Water demand will be met

- A Contaminated Land Assessment will be required with any application which also needs to address Radon exposure from the proposed basement

- You are also advised that the BRE guidance on Sunlight and Daylight has been updated in 2022 and that any revised application should ensure that assessment is in line with this new guidance

 

 

 

[joe90]

Hi and welcome, well I can’t comment on your particular build but I have been thwarted by planners and gone to appeal myself and found the process with the appeal easier than dealing with planers,!! Bulk was a refusal point for us but I demonstrated that I reduced bulk by not having gable ends to the roof and in our case proved the building next door was bigger than indicated. You need to read and understand the planning policies and use them to your advantage. Keep us updated.

[Kelvin]

They’ve told you what you need to do to be compliant. How easy is it to adapt your plans to meet every point they’ve raised. 
 

You could appeal but that will take a considerable amount of time and is only likely to be successful if you can demonstrate your building is within the council’s planning policies. 

[Happy Valley]

Have you employed a local planning advisor/consultant?

 

The good ones where you live should know the local policies to comply with and possibly the people in the planning department. For a small outlay in the overall scheme of things they can get you over the biggest hurdle.

 

We hired one who was an ex local authority planning officer.

Edited September 19, 2022 by Happy Valley

[Temp]

 I would hire a Planning Consultant to review your file and advise if its worth appealing or go straight to a new/revised design.

[LnP]

+1 on engaging a planning consultant. We found ours via the RTPI web site. 

[twice round the block]

We've been employing an ex local authority planning consultant and I think she lives on the same parallel universe as the planning department. 

 

So far our plans have been rejected 3 times and now we're taking it to appeal. 

Best of luck, local authorities are answerable to no one, and time scales don't apply to them. They are a law unto themselves. 

[BigBub]

Definitely try an appeal, there isn't much to lose.

 

If you decide not to appeal then you could also look in to making a complaint with the local government ombudsman, although they can't change the outcome of the application, they can force the council to pay a financial remedy if they deem you were given any of the following:

• inaccurate information about procedures or planning law
• misleading advice in advance of making an application, or
• no or an inadequate response to correspondence about your development proposals before an application is made or determined.

https://www.lgo.org.uk/make-a-complaint/fact-sheets/planning-and-building-control/how-your-application-for-planning-permission-is-dealt-with

[Dave Jones]

Use a planning consultant, planning is not an area to mess about DIY'ing.