Appeal Decision Saves Clients Almost £49,000
After a long drawn out process, which took over 18 months and involved the submission of two applications, planning permission being refused against officer recommendation and the submission of a planning appeal contesting the refusal of planning permission by Durham County Council, we were delighted to secure planning permission for a small-scale, Architect-designed housing development at Cotherstone in Teesdale for clients.
Prism Planning had been engaged to project manage the planning applications and sought to work constructively with officers of the Council for what was acknowledged to be a slightly controversial proposal on a sensitive site within Cotherstone Conservation Area. Having worked with planning officers for a considerable period of time, withdrawing one application and then revising plans for the second application to accord with officer advice/requests, it was galling to see the application refused by majority vote at Planning Committee for reasons that flew in the face of the advice and recommendation set out in the officer report.
However, it was pleasing to read in the decision from The Planning Inspectorate that “every cloud has a silver lining”, as the saying goes. We were we able to convince the Inspector of the strength of our case, to the extent that he agreed with us on every relevant planning issue, which is always pleasing. Not only that, however, he also agreed with us that owing to changes to national planning policy earlier this year, whereby there is no requirement for residential developments of 10 units or less to provide affordable housing, the granting of planning permission would not require the payment of a financial contribution towards off-site affordable housing, as had been offered in good faith by our clients through a S106 planning obligation that was included within the appeal submission. Such a financial contribution would have been paid to Durham County Council had they approved the application in September 2014, as different rules applied at that time. In short, by refusing to grant planning permission the County Council has lost out to the tune of just under £49,000 and our clients have saved themselves a tidy sum of money.
We might not win every planning appeal, and wouldn’t expect to, but we have a good feel on the prospects of success when clients seek our assistance to contest a refusal of planning permission and can advise accordingly. If you have been refused planning permission recently and would like to discuss how best to proceed, we are only a phone call or an e-mail away.