Planning Consultancy:

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Planning Appeals

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Has Your Planning Application Been Refused?

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We understand that a refused planning application can leave you feeling frustrated, especially when Local Authorities become increasingly adverse to negotiating with applicants. At En-Plan we are appeal experts and are here to take the stress out of your planning dilemma, and get you the permission you deserve.  The Planning Appeal process swill be handled by the Planning Inspectorate who are based in Bristol. The Planning Inspectorate for England (sometimes referred to as PINS) is an executive agency of the Department for Levelling Up, Housing and Communities of the United Kingdom Government with responsibility for making decisions and providing recommendations and advice on a range of land use planning-related issues across England. The Planning Inspectorate deals with planning appeals, nationally significant infrastructure projects, planning permission, examinations of Local Plans and other planning-related and specialist casework. They work independently of the Local Planning Authority to ensure a fair and impartial decision of the Appeal

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A Case Study of a successful Appeal: Lammas Barns, Shropshire.

 

 

 

 

 

 

 

 

 

 

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Folllowing on from the refusal by Telford & Wrekin Council for the proposed kitchen and dining room En-Plan were employed to Appeal this decision direclty to the Planning Inspectorate in Bristol.

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The proposal is for a rear extension to an existing barn conversion facing into the courtyard by almost the same extent as the width of the existing wing of the house and for much of its length. It would be single storey though it would include, central to it, a pitched gable extending in its height almost to the ridge of the existing property and which would reflect the same design feature of the existing extension on the end of the wing. External materials would appear to match those of the existing building.

 

The Planning Inpsector upon visting the site had this to say in his conclusion:

However, even if it were to be regarded in this way, I consider that the proposed extension, by its limited size, the use of matching materials and its overall design, would complement the existing building. It would be subordinate to it and would not harm its character or appearance.

 

The appeal was allowed and this allows the project to progress to the building regulations phase.

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A Case Study of a successful Appeal:  Gatefield Street Crewe

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The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The appeal is made by Mr Yates against the decision of Cheshire East Council.
The application Ref 21/2601N, dated 26 April 2021, was refused by notice dated 23 November 2022. The development proposed is described as the ‘demolition of existing building and erection of a residential block of flats’.

Since the submission of the appellant’s appeal, the National Planning Policy Framework (the Framework) has been revised twice. Firstly, on the 5 September 2023 then subsequently on the 20 December 2023. The revisions to the Framework do not directly relate to the main issues of dispute and therefore are not material in the consideration of the appeal before me. The original application provided a site address of 2 Gatefield Street, Crewe, CW1 2JP, however I have used the address from the decision notice as it more accurately reflects the location of the appeal site.

The appeal site is located on the corner of Victoria Street and Gatefield Street within Crewe town centre. The existing building is a former night club which has been predominantly vacant for a number of years. The main elevation of the building faces onto Victoria Street with a traditional double fronted bay windowed Victorian facade. The building has been extended to provide a bar/club room fronting Gatefield Street, this extension has an industrial/utilitarian appearance. The building is in poor condition with several alterations to the external elevations (entrances and windows) and extensively altered internally, including structural issues due to the floors being rotten.

The appeal proposal seeks the demolition of the existing building and the erection of a residential development of flats and ground floor office. The design of the flats is a 3-storey, L-shaped form, which turns the corner of Victoria Street and Gatefield Street and provides a transition between the existing two storey terrace and the proposed flats. The mass is broken up with varying window sizes, balconies, and a changing roofline. The proposal would be constructed largely in brick, with detailing to differentiate levels and to define the roofline.

The Inspector carefully considered the representations of the Council regarding both the height and fenestration of the proposal in regard to any potential impact on the character of the area. Having come to the conclusions above, it follows that the proposal would not materially harm the Victorian railway town character and appearance of the area. It would therefore not conflict with Policy SE 7 of the Cheshire East Local Plan Strategy 2010 – 2030 and Policy HER 7 Cheshire East Local Plan Site Allocations and Development Policies Document, that seek, amongst other things, to ensure that development proposals avoid harm to heritage assets.

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Planning conditions suggested by the Council have been considered in light of the advice contained within the PPG and the Framework. The appellant has confirmed in writing that, in accordance with the Regulations 6, they have no objection to the terms of the pre-commencement conditions proposed by the Council. It is necessary and reasonable that the information required by these conditions be provided prior to the commencement of development, as these are matters which cannot properly or reasonably be addressed following the commencement of the development.

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The appeal was allowed and planning permission is granted for the demolition of existing building and erection of a residential block of flats at 2-4 Gatefield Street, Crewe, CW1 2JP in accordance with the terms of the application, Ref 21/2601N subject to the 22 conditions set out in the attached schedule.

 

Why you should choose En-Plan to prepare your Appeal

 

Our High Success Rate In Planning Appeals

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We have continually achieved a high success rate for planning appeals. As we have recently worked as planning officers at senior levels within council planning departments we understand how the planning appeal process works from both sides. We also have access to specialists from other backgrounds such Ecology or Heritage that cab facilitate a more robust statement, and systematically dismantle the reasons for refusal.

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The Diifferent Types of Appeal

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There are many different planning  applications and therefore there are many different forms of appela as the below list shows:

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• Appeal a planning decision

• Appeal a householder planning decision

• Appeal an enforcement notice

• Appeal a listed building consent decision

• Appeal a minor commercial development decision

• Appeal a decision about consent to display an advertisement

• Appeal a decision about a lawful development certificate

• Appeal a community infrastructure levy notice under Regulation 117, 118 or 119

• Appeal a modification or discharge of planning obligation application (S106)

• Appeal a decision about a tree preservation order

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How long do Appeals take?

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Please see the below figures provided by the Planning Inspectorate on their average decision times:

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S78 & Householder appeals

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s78 planning appeals Written Reps 31 weeks

s78 planning appeals Hearings 32 weeks

s78 planning appeals Inquiries 26 weeks

Householder appeals Written Reps19 weeks

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Enforcement appeals

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This includes section 174 of the Town and Country Planning Act 1990 in the UK relates to enforcement appeals. It allows for the submission of an appeal to the Planning Inspectorate against an enforcement notice issued by a local planning authority.

 

When a local planning authority believes that there has been a breach of planning control, they can issue an enforcement notice requiring certain actions to be taken or changes to be made. If you receive such a notice and wish to challenge it, you can make an appeal under Section 174, and S39 enforcement listed building appeals and lawful development certificate appeals. If you wish to appeal an enforcement notice, you generally have the option to do so through the Planning Inspectorate there are some general steps to follow.

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Firstly carefully read and understand the details of the enforcement notice issued by the local planning authority. It will outline the alleged breach of planning control and the required actions or changes. You then need to collect relevant evidence to support your appeal. This may include documents, photographs, surveys, or any other evidence that challenges the alleged breach or supports your case.

 

To appeal an enforcement notice, you need to complete and submit the appropriate forms to the Planning Inspectorate. The specific form to use will depend on the type of appeal you are making. The forms can be found on the Planning Inspectorate's website. When submitting your appeal, you need to provide grounds for why you believe the enforcement notice is incorrect or unfair. This can include arguments relating to planning law, technicalities, factual errors, or other relevant factors. It's advisable to seek legal advice or consult a planning professional to help you with this process.

 

There is a specific time limit within which you must submit your appeal. This is typically within 28 days of the enforcement notice being issued, but it's important to check the exact deadline specified in the notice. Once your appeal is submitted, it will be reviewed by a Planning Inspector from the Planning Inspectorate. The Inspector will assess the evidence presented by both parties (you and the local planning authority) and make a determination.

 

The Inspector will issue a decision in writing, explaining whether the enforcement notice should be upheld, modified, or dismissed. The decision is binding, but in some cases, further legal options may be available if you disagree with the outcome.

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Fast Track Your Planning Appeal

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Did you know that for appeals relating to a home planning application (extensions, loft conversions etc) you can now choose to be heard via a Fast Track Householder Appeal Service. Under normal rules the fast track appeal is completed within 12 weeks as opposed to the standard appeal time of around 26 weeks.

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En-Plan Consultants look forward to answering any questions you may have as part of a free no obligation consultation to begin the planning and development process.

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The Planning Inpsectorate

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The Planning Inspectorate is an executive agency of the UK government that operates independently of local planning authorities. It is responsible for handling planning appeals and other related casework in England and Wales. The Planning Inspectorate's main role is to make decisions and recommendations on a range of planning and environmental issues.

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The Planning Inspectorate has a rich history in the United Kingdom, dating back several decades. The Planning Inspectorate traces its roots to the Town and Country Planning Act 1947, which established the system of development control and planning permission in the UK. This legislation introduced the concept of planning inquiries to resolve disputes and make decisions on planning matters.

 

 Over the years, the role and responsibilities of the Planning Inspectorate expanded. It became an executive agency of the UK government in 1991, operating under the Department for Communities and Local Government (now the Ministry of Housing, Communities and Local Government). Its mandate broadened to cover planning appeals, development plan examinations, and other planning-related casework. The Planning and Compulsory Purchase Act 2004 brought significant changes to the planning system and the role of the Planning Inspectorate. It introduced reforms to streamline planning processes, including the establishment of the Infrastructure Planning Commission (IPC), later replaced by the National Infrastructure Planning unit within the Planning Inspectorate. The Act also enhanced the Inspectorate's authority to make decisions on planning appeals and development plan examinations.

 

The Deregulation Act 2015 further modified the Planning Inspectorate's functions, making provisions for the streamlined processing of planning appeals and changes to the procedural rules for inquiries and  hearings.The Planning Inspectorate continues to adapt and respond to changes in planning legislation and policy. It plays a vital role in the UK's planning system, ensuring fair and independent decision-making on planning appeals, development plans, and nationally significant infrastructure projects.

 

Throughout its history, the Planning Inspectorate has contributed to the development and implementation of planning policies, supported local planning authorities, and provided a mechanism for resolving disputes and making decisions in the realm of planning control. Its work has helped shape the built environment and land use across England and Wales.

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Further Information

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Pleqse do not hestiatate to contact us regarding any Plannibg Appeal questions you may have and let us show you how our Planning Consultancy and in house architectural services can deliver succcess through the Appeal process.

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