LATEST RSA, Regional and Government NEWS!

January 2022

APPEAL ALLOWED IN WITHAM

Appeal allowed against Braintree District Council to refuse to grant planning permission for fencing to side and rear garden in Witham

Our client was unable to benefit from permitted development rights due to the location of his site adjacent to a public highway but wanted to enclose his domestic garden with a fence, similar to other properties in the area. RSA successfully demonstrated there would be no harm to the character and appearance of the area, in addition to the erection of the fence there would be low level planting and an appropriate visibility splay. The Planning Inspector, having regard to all matters raised, allowed the appeal.

December 2021

APPEAL SUCCESS RELATING TO A MOBILE HOME FOR USE ANCILLARY TO A RESIDENITAL DWELLING IN SOUTHMINSTER

Our client had a caravan on his site for at least 20 years but moved it to different locations on his land and a situation erupted with the Council relating to the occupation of the caravan; whether it was incidental to the dwelling house or as a separate unit of accommodation. We submitted an appeal relating to the application for a certificate of lawfulness which the Council refused. The Planning Inspector decided that this appeal would be dealt with by way of a Public Inquiry. Following the Inquiry, the Inspector concluded, on the evidence now available, that the Council’s refusal to grant a certificate of lawful use or development in respect of the use of the land for the stationing of a mobile home for use ancillary to the residential dwelling was not well-founded and the appeal succeeded.

November 2021

Planning Approval for a Storage Building in the Countryside

Our client came to us for advice after having their planning refused for a storage building within the setting of a Listed Building. RSA recommended the building needed to be redesigned and made smaller. A new application was prepared, including new plans and a full supporting report, and submitted. Braintree Council have now approved the scheme to the delight of both RSA and our client .

October 2021

ENFORCEMENT APPEAL DEEMED A NULLITY BY THE INSPECTOR!

Maldon Council had issued an enforcement notice to our client containing 7 alleged breaches, RSA submitted a full and robust enforcement appeal. In her conclusions, the Planning Inspector stated ,"Consequently, I find the allegation and requirements to be so hopelessly ambiguous and uncertain that the recipient would not have been able to tell with reasonable certainty what they had done and what they needed to do to remedy it." The notice was deemed a nullity.

July 2021

APPEAL ALLOWED IN GREEN BELT

Thurrock Council had refused planning permission for the erection of a two storey rear extension and internal alterations in Horndon on the Hill due to inappropriate development in the Green Belt and the effect of the proposal on the character and appearance of the dwelling and the surrounding area.
RSA successfully demonstrated that the size of the original building would not be disproportionately enlarged and, as such, would not be harmful to the openness of the Green Belt.
The Inspector agreed with RSA that the proposal would not harm, the character and appearance of the appeal property or the surrounding area as set out in our case and allowed the appeal.

March 2021

FOLLOWING A HEARING HELD RECENTLY, APPEAL ALLOWED FOR THE CHANGE OF USE FROM A VETERINARY BUILDING TO A TWO BEDROOM RESIDENTIAL DWELLING (CLASS C3) FOR AN ASSISTANT MANAGER OF THE ASSOCIATED-ON SITE BUSINESS IN LITTLE TOTHAM

Planning permission had been refused by Maldon District Council for this change of use for two main issues; whether there was an essential need for a rural worker to live permanently at the appeal site and the effect of the proposal on the local economy.
RSA successfully argued that: the proposal would support the continued operation of the existing wider site and make its future more certain. The proposal would re-use an existing, permanent building, meaning that no new building would be required to meet the aspirations of the appellant. It is a suitable location for a dwelling for a rural worker to live permanently at their place of work. The Inspector agreed with RSA and concluded that the proposal would have a greater benefit to the local community than its current or putative employment use and that the proposal would accord with the requirements of Policy E1 of the Development Plan in as much as this requires proposals to have a greater benefit to the local community and allowed the appeal.

December 2020

LAWFUL DEVELOPMENT CERTIFICATE GRANTED FOLLOWING NON COMPLIANCE WITH AN OCCUPANCY CONDITION

Our client had lived in her house for some 35 years not complying with an agricultural occupancy condition that was attached to the original planning permission.
RSA successfully demonstrated to Chelmsford City Council that the dwelling had been occupied continuously for a period in excess of ten years not complying with the restriction and the Council granted a lawful development certificate.

December 2020

PLANNING PERMISSION GRANTED FOR A UNIQUE NEW HOUSE IN WICKHAM BISHOPS

RSA was instructed to submit a planning application for a five-bedroom detached house with a triple garage in Wickham Bishops. The proposal, which involved the demolition of an old block of stable buildings and adjoining ménage, was located in the grounds of Fernbrook Hall, which includes an ancient woodland within the curtilage of the Hall and adjoining the site
As the site fell outside the defined settlement, and was not located in a very sustainable position, it was realised that obtaining a planning permission was not going to be an easy exercise.
The aim, therefore, was to produce a design for a new dwelling that would be attractive and blend in well with the character of Fernbrook Hall.
Chartered architect, Chris Mathews, of Mathews, Serjeant Architects, was appointed to prepare the design. As the land was undulated, a level survey was carried out and Chris provided a unique design for a dwelling which took advantage of the differences in ground levels. Although there were three floors to the property, the visual appearance only appears as two levels as the fall of the level of land was taken into account.


The Director of Planning at Maldon District Council recommended that planning permission should be refused. RSA prepared a full supporting report which was circulated to all Members of the North West Area Planning Committee. That report explained the real and positive benefits that the proposal would bring to Wickham Bishops and also to the rural economy of the area. The planning application was called in by a Ward Councillor, a Member of the Committee. After a long discussion, the Planning Committee of the Council overturned the Officer’s recommendation and granted planning permission, subject to a number of conditions.

December 2020

APPEAL ALLOWED AND COSTS AWARDED IN LANGDON HILLS, BASILDON

Our client contacted RSA when their planning application was refused at a meeting of the Planning Committee.
The application had been recommended approval by the Planning Officer of Basildon Borough Council but the Elected Members of the Committee went against the Officer’s recommendations and refused permission.
The proposals sought planning permission for the demolition of an existing bungalow and replacement with two, four-bedroom chalet style dwellings and a two-bedroom bungalow.
In submitting the appeal, RSA successfully demonstrated that- the proposals make an effective use of the site, the Council cannot achieve a five years supply of housing land, the proposals conform to policies of the Local Plan and the National Planning Policy Framework and the real and positive benefits would outweigh any perceived harm. The Planning Inspector agreed and allowed the appeal granting costs against the Council.

November 2020

APPEAL ALLOWED FOR TWO DETACHED FOUR BEDROOM DWELLINGS WITH DETACHED DOUBLE GARAGES ON LAND IN LITTLE TEY, COLCHESTER

RSA were appointed to lodge an appeal to the Secretary of State following the refusal of planning permission by Colchester Borough Council for two detached four bedroom dwellings together with detached double garages, the formation of a new access drive, landscaping and the provision of an extension of the public footpath in Little Tey, Colchester. The application was submitted previously by RSA.
The main issues were i) whether the proposal would be in an appropriate location having regard to planning policies which seek to achieve sustainable development and ii) the effect of the development on the character and appearance of the area.
The Inspector agreed with RSA that, "The proposed dwellings would not be isolated and that future occupants of the development would not need to be reliant upon private car use to safely access a good range of local services and facilities. Moreover, the new footpath would encourage occupants of and visitors to existing neighbouring properties to utilise more sustainable methods of travel.”

The Inspector also considered that” The design, scale, form and materials of the proposed dwellings and garages is of high quality and would, in my view, reflect the character of the site, its context and surroundings and its landscape setting.” The appeal was allowed subject to appropriate conditions.

27th OCTOBER 2020

APPEAL ALLOWED FOR SINGLE STOREY REAR EXTENSION IN BURNHAM ON CROUCH

Our clients contacted RSA for assistance when they received our marketing letter. Their planning application for a part single, part two storey rear extension had been refused by Basildon Borough Council due to size,design, overlooking issues and being harmful to the appearance of both the host dwelling and the surrounding area.
RSA considered that the proposed extensions were not as unreasonable as the Council portrayed and recommended that the client had a good case for an appeal.
The Inspector agreed with RSA and concluded that the proposal would not have a harmful effect on the character and appearance of the host property or the area and would not have an adverse effect on the living conditions of the neighbouring occupiers, with particular regard to privacy and allowed the appeal

21st OCTOBER 2020

PLANNING PERMISSION GRANTED FOR SINGLE STOREY REAR EXTENSIONS, INCLUDING ATTACHED ANNEXE, IN MANNINGTREE

Our clients contacted RSA for assistance when they received our marketing letter. Their planning application for a rear extension had been refused by Babergh District Council due to size and design issues.
Following a site meeting, RSA advised the client how these issues could be overcome and were instructed to prepare a scheme.
The Council granted planning permission stating that," The design and materials are considered to respect the character of the host dwelling and local area, and the scale and form is subservient to the host dwelling. The annexe element is formed as part of an extension, and therefore, acceptable."

20th OCTOBER 2020

APPEAL ALLOWED FOR TWO STOREY, PART SINGLE STOREY REAR ADDITION IN BILLERICAY

Our clients contacted us following receiving our marketing letter after the refusal of planning permission by Basildon Borough Council. After reviewing the application, Ray considered that the clients had a good case to appeal to the Secretary of State to challenge the decision of Basildon Council and provided them with his reasons. RSA were appointed and prepared a thorough case explaining why the proposals should be allowed.
The Planning Inspector agreed with RSA that the proposal would not have a harmful effect on the character and appearance of the host property or the area and would not have an adverse effect upon the living conditions of neighbours with regard to privacy and allowed the appeal.

OCTOBER 2020

APPEAL ALLOWED IN SAFFRON WALDEN FOR 2 DWELLINGS AND GARAGES AND THE REPOSITIONING AND REDESIGN OF THE GARAGE OF THE EXISTING DWELLING ON SITE.

RSA was appointed to lodge an appeal against the decision of Uttlesford District Council to refuse planning permission for the erection of 2no. dwellings and garages and the repositioning and redesign of the garage of the existing dwelling on site.
Planning permission had previously been granted for five dwellings on the site but one of those dwellings had not been constructed. RSA considered that the Council did not give weight to this fact when considering the current proposals. Our client had redesigned the layout of the site and replaced the fifth dwelling (that had been granted permission) with one of the dwellings of the current appeal proposals and included one further dwelling with garage.
The Planning Inspector agreed with RSA that the extant planning permission was a material consideration to which significant weight should be given. In addition, the Inspector agreed that there would be no harm to the character and appearance of the surrounding area or cause materially harmful overlooking or loss of privacy and allowed the appeal.

JULY 2020

LAWFUL DEVELOPMENT CERTIFICATES GRANTED WITHIN THE GREEN BELT

RSA has recently obtained lawful development certificates for our client for two separate buildings in the Green Belt, in relation to their independent residential occupation.
Our client and her family had been living in the properties for more than 4 years and RSA successfully demonstrated, with sufficient evidence, that the properties had been in existence and occupied continuously as independent dwellings for a period in excess of 4 years and Basildon Council granted the certificates.

MARCH 2020

LATEST RESULTS PUBLISHED- HOUSING DELIVERY TEST 2019

The Housing Delivery Test is an annual measurement of housing delivery in the area of relevant plan-making authorities.
The latest results were published in February 2020, we have produced the following table as a summary of the results from LPAs in our area.
The Test is a percentage measurement of the number of net homes delivered against the number of homes required, as set out in the relevant strategic policies for the areas covered by the Housing Delivery Test, over a rolling three year period.



February 2020 update

PERMISSION GRANTED WITHIN THE GREEN BELT

RSA were instructed to prepare and submit an application for the demolition of a car port and outbuilding and construction of a pool with retractable glass cover together with the change of use of a garage to form a canine hydrotherapy pool.
RSA successfully demonstrated that there were real & positive advantages arising from the proposals to the economy of the area and that very special circumstances did apply to the proposals, sufficient to outweigh the presumption against inappropriate development in the Green Belt.
The Planning Officer from Rochford District Council agreed that, “ the material change of use and the building operations associated with it are considered to be acceptable on the basis that there is no considered harm to the openness as a consequence.” and granted planning permission, subject to appropriate conditions.

16th December 2019

APPEAL ALLOWED & ENFORCEMENT NOTICE QUASHED FOR RESIDENTIAL GARAGE BUILDING IN BILLERICAY

RSA were instructed to lodge an appeal against an Enforcement Notice issued by Basildon Council for the construction of a building (garage) forward of the principle elevation of the dwelling house fronting the highway.
RSA successfully argued that in this residential location there are numerous examples of garages sited in front of existing residential properties. In addition, the level of the land at the appeal site was lower than the level of the pavement so the roof of the garage only projected 200mm above the fence line. A hedgerow also screened the flank wall of the garage which was 1.2m away from the back of the pavement. The design of the garage also blended in well with the host dwelling and would provide security for the Appellant’s cars.
The Inspector, in conclusion, agreed with RSA that the garage did not cause undue harm to either the character and appearance of the area or the living conditions of the occupiers of the host dwelling or the neighbouring property, allowed the appeal and quashed the Enforcement Notice.

24th October 2019

APPEAL ALLOWED FOR THE DEMOLITION OF AN EXISTING BUNGALOW AND KENNEL BUILDINGS AND THE CONSTRUCTION OF TWO DETACHED BUNGALOWS IN WICKFORD (GREEN BELT)

RSA were instructed to lodge an appeal against the refusal of planning permission for the demolition of an existing bungalow and kennel buildings and the construction of two detached bungalows in the Green Belt after the positive recommendation of the Planning Officer was overturned by the Elected Members of the Planning Committee.
The Planning Inspector agreed this would not be inappropriate development in the Green Belt and allowed the appeal, subject to conditions.

14th October 2019

CAFE DESTROYED BY FIRE TO BE REBUILT IN CLACTON AREA

RSA were instructed to prepare and submit an application to rebuild a new café after extensive fire damage destroyed a cafe in the Clacton area.
The original café provided a useful service to many local people and tourists and the arson attack resulted in the whole building needing to be redeveloped.
The design of the replacement building will bring about visual improvements and result in an increase in enjoyment by customers as well as complying with the policies of the Local Plan.
The Council considered that this proposed development will make a positive contribution to the local economy and granted planning permission.

19th August 2019

APPEAL ALLOWED FOR BUNGALOW IN WICKFORD

RSA was appointed to lodge an appeal against the decision of Basildon Council to refuse planning permission for a detached bungalow located within a residential area close to the town center and railway station.
The proposal involved the erection of a dwelling at the rear of a terrace of dwellings. An existing garage would be demolished to provide access into the rear of the site.
The Planning Inspector attached weight to the planning permission granted on the adjoining site which he considered was relevant to the appeal proposals.
The Planning Inspector also considered that the application site represented a large plot with scope for a generous footprint of a dwelling, without appearing cramped, and that satisfactory distances would be provided between the dwelling and the plot boundaries.
The Inspector concluded that the development would not have an unacceptable effect on the character and appearance of the area and would therefore be in accordance with Local Plan Policy and the NPPF, which states that development shall be of a high quality design and maintain an area’s character.
The Planning Inspector allowed the appeal, subject to conditions.

10th July 2019

PERMISSION GRANTED BY ROCHFORD COUNCIL FOR THE DEMOLITION OF GARAGE BUILDINGS AND ERECTION OF NEW DWELLING. DETAILS TO FOLLOW...

17th June 2019

APPEAL ALLOWED FOR BUNGALOW IN VANGE AND COSTS GRANTED AGAINST THE COUNCIL

RSA was appointed to deal with an appeal for the demolition of a double garage and the redevelopment of site for a detached bungalow located within a residential area in Vange.
The Applicant received pre application advice from the Council and the Planning Officer recommended that planning permission be granted. However, the application was called in for determination by the Basildon Council’s Planning Committee. The Committee did not accept the professional advice of the Planning Officer and resolved to refuse planning permission. The resulting appeal was lodged by RSA. The appointed Planning Inspector considered that the main issue was the relationship of the site to the general charachter and street scene of the surrounding area.
The Planning Inspector concluded that the appeal proposals would have a satisfactory relationship with the general character and street scene of the surrounding area and that no harm would be caused through overlooking, noise or disturbance to the occupants of neighbouring dwellings, overshadowing or over-dominance, or traffic danger or congestion..
The Planning Inspector allowed the appeal subject to a a number of conditions.
RSA considered that the Council acted unreasonably in refusing planning permsiion and submitted an application for an award of costs.
The Planning Inspector stated that the Planning Officer’s report referred to the frontages on the estate generally being 8.5-9m in width. The Planning Inspector concluded that it was not reasonable for the Council to describe the appeal site with a width of 9 metres, as being narrow.
The Planning Inspector also considered that it was not reasonable for the Council to state that the development would appear incongruous and out of keeping with the general charachter of the area.
The Planning Inspector concluded that the refusal did not articulate sound reasons for refusal and an appeal should not have been necessary. He found that unreasonable behaviour had occurred resulting in uneceassary expenditure by the Appellant and therefore granted a full award of costs against the Borough Council.

12th June 2019

NEW EMPLOYMENT UNITS ALLOWED IN GREEN BELT AT BASILDON

RSA was instructed to prepare a planning application seeking planning permission for 11 new units to be used for B1 and B8 purposes as a first phase of a larger development.
The site falls within the Green Belt on the outskirts of Basildon.
RSA considered that the site fell within the definition of previously developed land as there were many commercial units located on the site. These units did not have the benefit of any planning permission but had been in existence for a long period of time.
The Council recognised the benefits the proposals would bring to the area and to the local economy and granted planning permission, subject to a number of conditions.

14th May 2019

APPEAL ALLOWED FOR CONVERSION OF PUBLIC HOUSE TO DWELLING

The development proposed was a change of use of the Kings Head Public House in West Tilbury, a Listed Building, to a four bedroom dwelling. RSA was appointed to appeal against the decision of Thurrock Council.
The public house closed and was sold to the Appellant in 2016 and was then designated as an Asset of Community Value.
Thurrock Council’s Core Strategy requires a safeguarding of community facilities and will only allow the loss in circumstances where appropriate facilities of equal or better value will be provided.
The National Planning Policy Framework seeks to retain and develop such facilities. It was identified that there was some conflict between the Local Plan Policy and the NPPF.
The Council and the Appellant agreed that the public house was not commercially viable.
A Community Group was established but little evidence was produced on the likelihood of securing sufficient financial and voluntary resources.
It was confirmed that the Council could only achieve a 1.25 years supply of housing land.
The Planning Inspector concluded that it had not been demonstrated that the appeal site had potential as a community facility. The Inspector took into account the presumption in favour of sustainable development and that the adverse impact of a planning permission would not significantly and demonstrably outweigh the benefits.
The appeal was allowed subject to conditions.

18th March 2019

NEW DWELLING IN PURLEIGH- WON ON APPEAL

Outline planning permission was sought for a detached two bedroom bungalow on a site outside of the village envelope of Purleigh. RSA was appointed to appeal against the decision of Maldon Council.
The Planning Inspector noted that the site was located between existing housing and buildings and that the site had a more domestic appearance than the agricultural fields surrounding the ribbon of development.
The Inspector considered that the proposal would assist in meeting the identified shortfall of two bedroom properties.
The Inspector concluded that despite the Council’s concern about compliance with the environmental aspects of sustainable development, it would comply with the NPPF.
In conclusion, it was considered that the proposal would not cause harm to the character and appearance of the area including the site’s rural setting and that the particular local circumstances were sufficient to outweigh the development plan conflict as being outside the defined settlement.
The appeal was allowed subject to a number of conditions.

14th February 2019

DWELLING ALLOWED ON APPEAL IN BRADWELL ON SEA

Maldon Council refused planning permission for a detached dwelling on a plot of land which originally formed part of a housing estate at St Peters Court, Bradwell On Sea. RSA was instructed to lodge an appeal against this decision.
A Planning Inspector considered that St Peters Court was unusual as an established cul-de-sac characterised by sizable dwellings located on spacious plots. The site fell outside the defined settlement of Bradwell On Sea.
The Inspector noted that extensive views of the proposed dwelling from the public domain would be restricted by mature hedgerows and other buildings and the effect of the proposed dwelling on the character and appearance of the area would not be significantly greater than the existing dwellings. The Planning Inspector concluded on this issue that there would be no harm to the character and appearance of the area.
The Planning Inspector also considered the suitability of the site being outside the settlement boundary. The Inspector considered that the proposed dwelling would not be isolated and noted that there are a number of facilities within the village which would meet day to day needs for future occupants of the dwelling. The Inspector acknowledged that public transport would be unlikely to meet all the needs of the future occupants but public transport would be a realistic option for some journeys, although the number of trips would be limited.
Against this background the Planning Inspector allowed the appeal subject to a number of appropriate conditions.

8th February 2019

SMALL BUSINESS PARK DEVELOPMENT

RSA has recently submitted a full planning application for 11 small commercial units of different sizes on land close to a major traffic intersection in Basildon.
Although the site falls within the Green Belt and there is a general presumption against any new development, this site has been developed in the past and contains a number of units laid out in a haphazard way. It is considered that the site now constitutes a previously developed parcel of land and is therefore an exception to the presumption against new development in the Green Belt.
As Basildon has to take a large increase in the number of houses to be built to meet the housing target, it is essential that new employment opportunities are also provided and therefore it is inevitable that some land from the Green Belt will have to be developed for employment purposes.
It is considered that this proposed development will make a positive contribution to the local economy.


24th January 2019

SEAFOOD BAR APPROVED IN COLCHESTER

RSA has obtained planning permission for a seafood bar from Colchester Borough Council. This facility involved the conversion of an existing building located at the front of the Leather Bottle Public House.
The conversion work was implemented prior to obtaining planning permission and enforcement action was threatened by the Council.
However, patrons to the pub will still be able to enjoy a plate of cockles with a pint!


21st December 2018

COSTS AWARDED AGAINST COLCHESTER BOROUGH COUNCIL

Colchester Borough Council served an Enforcement Notice relating to the erection of a 1.8 metre high palisade fence, double gates and supporting brick piers and to the laying of concrete hardstanding at a former coal yard in Tiptree.

The notice was served by the Council on 29th March 2018. RSA was instructed to appeal against the serving of the Enforcement Notice. A planning application for the use of the yard as a retail yard was approved by the Council on the 30th May 2018. The Council then withdrew the Enforcement Notice.

RSA submitted an application for an award of costs on the basis that the Council acted unreasonably by taking enforcement action when it did. When granting planning permission, the Council did not impose any conditions regarding the structures, the subject of the Enforcement Notice, to be removed. The conclusion was drawn that the unauthorised structures that promoted the Council to take enforcement action would still remain. The Council’s action therefore amounted to unreasonable behaviour causing the Appellant to incur unwarranted expenses in the submission of an unnecessary appeal.

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