Resubmission and Approval of previously refused application. Altrincham, Cheshire

The initial application for a Change of use/ conversion from granny annex to self contained residential dwelling house was refused on several grounds. The client sought to convert the existing building into a new house that could be used independently and sold as a family home.

We were appointed following the initial refusal and after a review of the existing application, we concluded that a negotiation and resubmission at the local level stood a greater chance of success. It was noted that an appeal could still have been submitted should this not have been the case.

We created a robust justification for the proposals and pre-application resolved the previous refusal reasons which included highways and parking issues. The application was subsequently recommended for approval subject to a Section 106 agreement for a financial contribution to open space provision within the area.

We successfully argued for a removal of this requirement and the application was subsequently approved with no financial contribution requirement, saving our client several thousand pounds and allowing the property to be sold, creating a substantial profit.

Planning Appeal for a New build house, backland development, South Manchester

Planning permission had been sought on the backland site on three separate occasions, with two earlier planning appeals rejected. The proposals sought to develop a single new build dwelling on garden land to the rear of numerous dwellings in a suburban setting. The refused planning application was subject to strong neighbour objections and was unanimously refused by the planning committee on several grounds including the living conditions of the neighbouring properties, especially in relation to the increased vehicular and pedestrian activity. A further refusal reason was that emergency vehicles would be hindered in case of a fire at the property.

The subsequent grounds of appeal document methodically resolved each item of concern, specifically including third party additional material to support the issues and robustly justifying the proposals in planning policy and supplementary guidance terms.

The Local Planning Authority had also proposed, that should the appeal be allowed that several conditions be added, including the removal of permitted development rights. Our arguments, supported by the Planning Inspector concluded that these would not be “necessary or reasonable”.

The planning inspectorate concluded that the proposals would not be contrary to planning policy, would have no harm on neighbouring properties (amenity, noise and disturbance), and following us obtaining approval from the local fire department, that there was no issue in relation to emergency vehicles.

Planning Approval contrary to SPG planning policy for house extension, Altrincham, Cheshire

We were appointed to apply for planning permission to extend the owners victorian house. The neighbouring property had recently received planning refused for a very similar extension due to the fact that it was contrary to the Council's supplementary planning guidance. Our planning strategy successfully obtained planning permission (at the first attempt) and without amendment to the proposed scheme. This highlights the benefit of appointing an experienced planning consultant at the earliest stages of the project.

Certificate of Lawful Existing Use, Bury, Greater Manchester.

The site had received planning approval in 1979 for over 140 apartments in several blocks. Research and analysis of the site suggested that various works had commenced at the time. An certificate of lawfulness application was submitted and was successful determined. Whilst there were several conditions on the original approval that required discharging, we successfully argued that these did not go "to the heart of the permission" and therefore did not prevent a lawful start on site.

Application to Vary Planning Condition, Cheadle, Cheshire, Greater Manchester (Stockport Council).

A Previous Planning Consultant had obtained retrospective planning permission for a commercial structure on a site although the conditions required substantial and onerous works to be carried out to allow continued use. Upon review we were able to successfully remove these conditions with the result that absolutely no construction, landscaping to other works were required saving our client thousands of pounds. Extended working hours were also achieved.

Lawful Development of 24 apartments on Brownfield site.

A development of 24 apartments, originally forming part of a larger scheme approved in 1977. We managed to proved that the original scheme had been implemented and therefore this scheme was still able to be implemented. Minor amendments to update external appearance.

Approval of two storey side extension on corner plot following planning appeal refusal. Altrincham, Cheshire

Following two refused planning applications and an unsuccessful planning appeal, we were appointed to obtain planning approval for a substantial extension to a detached house on a corner plot. Corner plots are often very complex due to building lines and impact on the street scenes however, we managed to secure planning consent at the first attempt, giving the client the requried amount of accommodation and additional bedrooms desired.

Change of Use from Residential Dwelling to Commerical Training Centre, Altrincham, Cheshire

Following the expiration of a temporary approval, we secured a permanent planning approval for the change of use of a terraced house into a D1 training centre contrary to planning policies and with several objections to the proposals. Approvals also sought to amend the restrictive opening hours and other oneous conditions to the original approval

Permitted Development House Extension and Certificate of Lawfulness for Proposed Use, Hale, Altrincham, Cheshire (Trafford Council)

.Large extension to extend family house. Constructed under Permitted Development so planning approval wasn't required. Scheme developed specifically to allow construction works to commence very quickly. Certificate of Lawfulness submitted concurrently to prove to facilitate an easier future sale.

Successful Planning Appeal regarding onerous conditions

Outline Planning approval was granted, following protracted planning negotiations, for a substantial 160 bedroom extension to an existing hotel in the North East of England, subject to a number of planning conditions that were felt to be onerous, including placing restrictions on the site that had not been there before the planning approval and in relation to the protection of the adjoining Green Belt. The conditions also placed unnecessary control on the construction method of working as well as on the height of development. A written representation planning appeal was submitted which successfully argued each point and prevented substantial costs and limitations of the future reserved matters application and construction phase. The planning inspector commented that the proposed conditions were not necessary, not reasonable, misleading and did not meet the tests required for planning conditions, including that of precision and clarity

Successful Planning Appeal, Speculative Residential Development, Buckley, Flintshire, North Wales (Flintshire County Council).

A speculative residential development of 3 detached dwellings was proposed on a long thin site, fronting onto a main road, with a single storey dwelling to the front of the site and two 4 bed dwellings to the rear. Following frustrated planning discussions, the planning application was recommended for refusal on several grounds including harming the character and the appearance of the area, failure to comply with supplementary planning guidance, overlooking distances, backland development and harming the amenity of neighbouring properties. In a carefully developed and robust argument, our case was put forward in relation to all of the above points, with the planning inspector agreeing with our interpretation of planning policies and crucially that they should not be rigidly applied

Successful Planning Appeal for, Change of Use of Grade II Listed Church to A3 Use (restaurant and wine bar), Denbighshire

The existing edge of town centre building, in North Wales, had become redundant and a new sustainable use was sought. The proposals met with substantial local objections including Local Councillors using the local press to influence the decision. The planning application was ultimately refused on the grounds that the proposals would have an adverse effect on the free flow of traffic and highway safety and that it would have a detrimental affect on the viability and vitality of the town centre.

The planning appeal was submitted and successfully justified the various refusal reasons, including the Councils suggestion that the change of use would have a detrimental effect on the viability of the town. The planning inspectorate accepted all of our arguments and the appeal was allowed.