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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 Planning had worked with the Council prior to the submission of the application to get the principle agreed with officers, smoothing the passage of the eventual application. Although this proposal was contrary to the Local Plan, being outside the defined limits to development, the Council have very pragmatically introduced flexible approaches to the delivery of housing in sustainable areas. In this respect, Hambleton are leading the way and responding positively to the current hosing crisis in this respect at least.
Our client will now look to dispose of the site so any interested parties looking to acquire a small site in the area should contact Prism Planning.
The property had been marketed to prove there were no suitable occupiers in the area. We had carried out the minimum period required for marketing and written a strong application thoroughly demonstrating the condition was not required. We worked with a surveyor ensuring that the property was marketed correctly, including setting out a price agreed by the LPA. We also scrutinised offers coming forward from interested parties to ensure they were from lawful applicants who would meet the condition.
After submission we discussed the application with the Case Officer and ensured everything was on track. We used our expertise in agricultural conditions and searching appeal precedents to clarify to the LPA the definition of agriculture. Prism Planning attended Planning Committee and spoke in favour of the application advocating for removal of condition to be approved. Care was taken to point out material facts of the case and demonstrate the collaborative nature with the LPA.
The results were that Hartlepool Planning Committee unanimously agreed with the officer recommendation and the application was approved. We worked closely with the Client ensuring the case put forward was an accurate representation of the local history. If you are looking at a removing a condition and seeking expert guidance please feel free to contact us, Prism Planning prides itself on its successes, consequently we only progress cases we believe have a strong chance of success so we will be open and honest about your chances.
It therefore gave our Director, Rod Hepplewhite, great delight in advising his clients that their application for their dwelling on land next to their stables on a site just to the west of Easingwold in Hambleton District had been approved with little difficulty and, more importantly form their point of view, within the 8 week target period.
Due to a marital break-up our client had had to relocate his business, based on the schooling and training of horses together with breeding of ponies, to a temporary site elsewhere in the district while he found a permanent site. We first obtained permission for the stables on the 9¼ acres (3.75 hectares) site as this was the most pressing need before tackling the more challenging application for the dwelling for our client and his new partner (both employed in the equestrian business).
Under normal circumstances, when an equestrian business is first established on a site, local planning authorities will only allow residential accommodation in the form of a static caravan or mobile home and for a limited period of three years. They normally also require a lot of supporting information regarding the operation of the equestrian business.
In this instance the local planning authority accepted our argument that they were looking at the relocation of an existing business rather than the establishment of an entirely new business and granted permission for our clients’ dwelling without the need for the usual supporting information. The dwelling was proposed in the form of a ‘Country Home’ bungalow, a type of mobile home, which may have assisted in us obtaining planning permission for our clients but it was still the end result our clients were hoping for and we were delighted with the swift positive outcome for them.
We have now dealt with numerous applications for equestrian and agricultural worker’s dwellings together with associated applications for stables and farm buildings and have built up a good level of expertise on the subjects. We are always happy to help clients with such proposals.
Since the new General Permitted Development Order was published in April 2015 there has been a number of areas that have been open to interpretation by councils, leading to appeals and new guidance published by the Planning Guidance Suite as clarification. Such occurrences increase costs and timeframes for clients.
One such issue is the matter of repairs and internal alterations made to a barn and if they would be considered to be new structural elements of the building. The barn in question had a recent new internal wall (part of room used for lambing) which would become external once existing parts of the barn were demolished. We expertly navigated this complex issue gaining permission for our Client for the conversion of a barn to a dwelling.
We argued that this wall should not fall outside of permitted development as the works had already been carried out under the 1990 Town and Country Planning Act as part of maintenance, improvement or other alteration. Our argument was successful resulting in an early approval ahead of the usual 56 day window.
Prism Planning has considerable experience with Prior Notifications with a strong success rate under the Class Q conversions. If you are planning a barn conversion and think that you might have an issue or need assistance, please do not hesitate to contact use for an initial informal discussion on the subject.