Archive for May, 2017
The appeal followed what was initially a case of non-determination, in which the Council had ‘dithered’ for many weeks over the application deadline. In exasperation, Prism eventually appealed after the Council had taken more than twice as long to formulate its view. After the appeal was lodged, the Council then made up its mind and decided it should have supported the case.
However, although the Council approved the revised application submitted by Prism, they imposed so many conditions that were unnecessary that Prism advised the clients that the Council’s conduct was unreasonable. The appeal therefore continued. The Planning Inspector stated that not only should the council have approved the original application, they should have given a simple approval with minimal conditions when they did eventually do the right thing. That they didn’t was patently unreasonable. The Inspector then went on to take the unusual step of awarding our clients all of their costs back from pursuing the original appeal.
Without lodging the appeal, it is doubtful whether the Council would ever have reached the right decision and the ruling confirmed that Prism’s original assessment of the situation was absolutely correct. It was the 4th such similar decision in this particular Council area and one of many similar wins that Prism has had for this type of case across the north of England.
When you need advice on equine planning matters, Prism have the demonstrable experience and proven track record to give sound advice with positive results.
Prism recently succeeded in gaining planning approval for a 3m high fence with a 1m high trellis. In this case, the property backed onto a footpath and the existing 5m high bushes boundary were dying from loss of light. The Client already had privacy issues to the rear of their garden as it was significantly lower in height than the footpath.
National rules (Permitted Development Order) on development allow a fence of up to 2m without permission. Building a 2m fence would result in views into our Clients property and reduced privacy compared with the existing receding hedge. So, a planning application was required.
Discussions were held with Darlington Council to ensure the best possible outcome for our Client and we were able to agree on a height. This meant the Clients garden could be screened and also that the council would approve the application, avoiding a potentially expensive, risky and time consuming appeal.
Whilst a small project for us at Prism, we will work on projects we believe have a high chance of success regardless of scale. We also understand the need for privacy particularly as we come into the summer with people using their gardens.
If you are in a similar position or are having issues with a council at this scale, please contact Prism Planning for advice.