Prism is wrapping up 2017 in style with success in the hotly debated new prior notification procedure just introduced, relating to industrial buildings being converted to residential use.
Our case involved a site where an appeal for conversion of a workshop had been rejected by the Council and Planning Inspectorate earlier in the year, solely on peculiar and bizarre grounds of sustainability. The new right seemed to cut straight across the previous concerns and we just had to try it out for the client!
Having been one of the first practices in the UK to submit this Prior Notification we were aware of the potential challenge ahead and difference in interpretation that the Council might have, particularly having regard to the sites background. However, experience of the Prior Notification procedure and sound interpretation of rules assisted the application. A robust statement was created showing how the site was suitable for conversion.
Prism was initially commissioned to fight an appeal for conversion of the workshop building which was dismissed by the Planning Inspectorate for the unusual reason that the business occupying the building could potentially continue at the site, resulting in a net gain in traffic movements. However, no other buildings were available for this to occur and in any event planning permission would be required for this. The lack of rigour in the dismissal seemed to be challengeable. We were actually in discussions about a possible legal challenge to the appeal decision -but the new right came along in the interim and offered a potentially cheaper and quicker way to get to the same end point.
The final result was a tribute to the clients stamina and our determination. If at first you don’t succeed…..dig in a find another way around the problem!
If you have a building that is in industrial use and may convert to residential use, please ask for a professional view from the experts at Prism.
Happy Christmas to one and all, from us all at Prism.
Prism have just been successful in getting planning permission, at appeal, for a new livery worker’s dwelling at an established livery yard in Maltby, Stockton on Tees.
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 a good day at Hambleton Planning Committee yesterday, having gained planning permission for 3 new bungalows on a parcel of land at Tanton, just outside Stokesley. The site was outside the limits to development but officers accepted that the site had good access to the nearby market town of Stokelsey, was on a frequent bus route and was therefore in a sustainable location. The scheme proposed 3 new bungalows, in keeping with the surrounding development and members welcomed this type of housing which is much needed in the district.
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.
Approval was recently granted at planning committee in Hartlepool for a former workers dwelling to have its agricultural occupancy condition removed. This was the last stage of a careful application process which Prism Planning has great experience of.
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.
Obtaining planning permission for an equestrian worker’s dwelling on a site outside of development limits and in the open countryside is often fraught with difficulties and the consideration of the application by the local planning authority can be a lengthy process.
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.
Planning permission has just been granted by a local planning authority for a new house in the open countryside – without any form of occupancy condition.
Normally such permissions would be viewed as being contrary to established national and local planning policies for the protection of the countryside.
However in this instance our client already lived on the site in a caravan that had been on site for more than 10 years. Prism had already established the legality of this by obtaining a Certificate of Lawful Development or CLEUD. This certificate became a material consideration in the determination of a recent planning application for a new dwelling on the site.
Prism Planning presented a comprehensive planning statement with the submission, supported by appeal precedents relating to how CLEUDs had been taken on board in similar situations around the country. As a result, the LPA were convinced the case was robust and granted planning permission for a permanent dwelling.
A very nice outcome for the client and a successful win for Prism!
Horse owning clients of Prism will be celebrating today after a local planning authority granted permission for a private ménage area on farmland adjacent to their house in North Yorkshire. The Council imposed conditions preventing any commercial use and unusually required an archaeological evaluation of the site before works commenced. This is not a normal requirement of most developments and was imposed because of the possibility of finding remains on the site from a historic settlement long since abandoned.
It’s very pleasing to have got the development through without any delay or prolonged debate about the need for the development and confirms Prism’s specialism in successfully undertaking equestrian related projects. Previous projects have involved riding stables, commercial ménage as well as private ménage, domestic stabling and specialist worker’s accommodation.
A special meeting of Ryedale Planning Committee last night approved a planning application Prism Planning submitted to improve the efficiency of the Anaerobic Digestion plant under construction at Sand Hutton to enable it to inject additional biogas into the local network. There was strong local interest in the application, following the recent successful appeal submitted by Prism and this resulted in a special meeting being convened, solely to consider this proposal.
Following the initial appeal, technical work carried out with the network operator established a greater capacity in the local gas network than previously established. The approved plant would be able to bridge the gap with only a modest increase in the feedstock going in.
By a majority vote, the committee accepted the officer’s recommendation to support the scheme, despite concerns being expressed by some local residents. The application we presented clearly put forward the argument that our client was entitled to grow the extra crop on the farm and that there would be no increase in smell or noises as a result of the proposal. The crop would not need to go onto the local highway network so there were no traffic implications.
It’s slightly bizarre that some local residents remained implacably opposed to the idea of generating renewable energy on their doorstep and some very misleading allegations about the possible impacts of the development were put forward in an effort to try to mislead the planning committee. Fortunately, the submission we had put forward clearly highlighted the proper planning considerations and the planning committee, after due deliberation, gave consent for the amendment.