If a local authority refuses planning permission to a client’s plans, an appeal can be made to the Planning Inspectorate. Making an appeal is a specialised process which requires a very full appeal statement to be written on behalf of the client explaining why the local authority’s decision was incorrect. The local authority will defend its decision. After a full exchange of documentation between us on the client’s behalf and the local authority. A planning inspector will visit the site to make a decision. After considering all the evidence put forward, the planning inspector will issue a decision.
Some examples of our appeal work:
Listed Building Appeal
A young professional couple had applied for Listed Building Consent to install a new up-to-date kitchen in their home. The Listed Building Consent was refused by the local authority. We felt that the decision of the local authority was unreasonable and made a very detailed submission to the Planning Inspectorate after thoroughly surveying the premises and the potential impact of the new kitchen on the building fabric. The Planning Inspector accepted our arguments and granted listed building consent for the project.
Dental Surgery and 9 two bedroomed flats
Our client a dentist, made an application to demolish his existing premises situated in a Local Area of Special Character and construct a new dental surgery with 9 two bedroom flats above. The applicant had made a number of attempts to obtain planning permission in the past few years using architectural practices, none of which had been successful.
Because of the planning history of the site, Stijl engaged a partner architect and made a very detailed application to the local authority to develop the site.
The application was refused by the local authority. It was our view that the local authority’s decision was unreasonable and the client was advised to appeal to the Planning Inspectorate against the decision. An appeal was made and the Planning Inspectorate granted planning permission to our client.
Orthodontists’ Surgery two storey extension
Our client had been operating his busy National Health Service orthdontist’s practice from the same premises for many years. The premises were not up to the modern standard that the client would like for his employees and new standards required separate rooms for sterilisation procedures. Not only did the client want to update his practice, but he also wanted to take the opportunity to extend one of the flats above the practice. Detailed plans were drawn up and submitted to the local authority, who refused the application.
Both the client and Stijl felt that the refusal was unreasonable and an appeal was drawn up and submitted to the Planning Inspectorate. After considering the evidence put forward by us and the evidence submitted by the local authority, the Planning Inspectorate granted planning permission to our client.
Mistakes can be made and clients can face the threat of enforcement action. An enforcement notice can have very serious consequences requiring expensive remedial action to be taken by the client. Some individuals or companies may even face the possibility of complete demolition of an unauthorised building or extension.
Stijl has a record of successfully negotiating agreements on behalf of its clients to avoid an enforcement notice being issued by a local authority. We offer advice, practical help and support during what can be an extremely difficult time for our clients.
Two examples of enforcement cases:
Our client had built a new house which had minor differences to the drawings submitted with the original planning permission. There was strong local feeling against the principle of construction of the house despite it having been granted planning permission and neighbours engaged in a sustained campaign to get the house demolished entirely. The client faced the possibility of major structural changes to his new home. After discussion with the local enforcement officer and planning officers, a new application was submitted to the local authority for the house in its new form, along with some planting and amelioration measures to meet the concerns of the neighbours. Despite severe pressure being brought to bear on the local authority by objectors, the planning application was successful and the client’s home did not require structural alteration.
a businessman had been operating a house in multiple occupation for some years unaware that his existing planning permission for the premises to be used as a guest house did not correspond with his business. In order to avoid enforcement action and possible closure of his business, after discussion with the local enforcement officer, an application for retrospective planning permission was made. The application was successful and the threat to the client’s business was lifted.