A long running saga relating to housebuilding in Ingleby Barwick has been brought to an end today with a government appointed planning Inspector allowing the development of 200 homes on farm land at Ingleby Barwick, close to the controversial new Free School.
Darlington based Prism Planning represented the landowner and farmer of the land, Ian Snowdon at a public inquiry in March of this year and it has taken the Planning Inspector nearly 9 months to decide that the scheme was acceptable. The inspector found for the appellant on all counts, noting “The social and economic benefits of the new housing would be very significant indeed and would make an important contribution to the Borough’s housing supply. The scheme would include a useful and much needed contribution to the stock of affordable housing in Stockton-on-Tees.”
He went on to note that “The site forms part of a wide area south of Ingleby Barwick as far as Low Lane that is being comprehensively redeveloped to provide much needed housing and other facilities. The appeal result comes at a time when there is a significant national focus on the need for new houses to be built with significant concerns that not enough housing is being built. A new Housing white paper is promised by the government just next month.
Responding to the decision, Steve Barker of Prism Planning, who gave evidence at the inquiry said; “Stockton have recognised that they haven’t been able to demonstrate a 5 year housing supply for some time now and the debates over development in this corner of Ingleby have used up a lot of time and resources for landowners and the Council alike. I hope that now this final decision has been made all parties can start to move forward positively and work in partnership to make things happen on the ground. A lot of time has been spent arguing when we could have been focusing on improving the area and meeting our housing and leisure needs.” It is likely that a detailed application for reserved matters will now be submitted to the Council in 2017.
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.
Hot food takeaway applications can be contentious and applications to extend open hours often more so but, as the saying goes, if you don’t ask you don’t get.
Our Director, Rod Hepplewhite, has just succeeded in obtaining a planning permission that varies the opening hours of a hot food takeaway in Jarrow to allow the business to open on Sundays. The shop had previously been allowed to open Mondays to Saturdays only.
Also, it became apparent during South Tyneside Council Council’s consideration of the application that some conditions attached to the original permission had not been properly discharged. Our client had bought the hot food takeaway premises recently and since planning permission runs with the land or property it fell upon him to resolve the breach in the planning conditions that the previous owner had overlooked. When this was brought to our attention we sought to resolve the breaches without delay.
Our prompt attention to issue over the undischarged planning conditions undoubtedly assisted in us gaining the permission to open on Sundays that our client sought. Wherever possible and in the best interests of our clients we seek to work with local planning authorities rather than against them. Sadly, it isn’t always possible but in this instance it was, much to the delight of our client.
Following the grant of his planning permission our client e-mailed to say “it is worth paying a bit more for a proper company to do this kind of work, I will keep your details for future business”.
An exciting leisure-based regeneration project that will benefit Middlesbrough and the wider Tees Valley has taken its first step through the submission of a planning application to Middlesbrough Council.
Prism Planning has submitted a planning application on behalf of Cool Runnings (NE) Ltd for the development of 2.87 hectares of land at Middlehaven Dock to provide a snow and leisure centre.
Although the application is submitted is outline, seeking only the Council’s agreement to the development in principle at this stage, the application submission includes indicative and illustrative plans and drawings showing what the development is expected to look like.
The key elements of the proposed development will comprise two ski slopes, a nursery slope for beginners and tuition and a main slope for more accomplished skiers. A range of complimentary leisure uses are also proposed including an ice-climbing wall, a ‘skydive’ arena, climbing wall, soft play area and trampolines together with café and restaurant facilities and related of retail facilities.
The size and shape of the building is such that it can only sit along the northern edge of the dock. The presence of the listed clock tower to the north-west corner led to the decision that the low point of the building should be at the west end of the site. The high point of the building (corresponding to the top of the ski slope) is at the east end of the site, such that the building will appear to rise to meet the scale of the adjacent Temenos art installation. The sloping form generates a dynamic space which will allow the creation of a variety of dynamic single and double height interior spaces with natural light into and views out of the building.
Prism Planning acted as planning consultant and project manager in the preparation and submission of the planning application, working hand-in-hand with our clients to ensure that all other consultants who assisted in the preparation of the planning application met client requirements and timescales. We liaised with officers of Middlesbrough Council during the preparation of the planning application and their constructive advice was much appreciated. It is hoped that the application will be approved within the 3-month target time frame, i.e. by mid-October.
Durham Planning Committee voted unanimously today to support the demolition of St Anne’s School, next to the cricket ground in Bishop Auckland. The scheme involves 18 new houses on the site. Prism Planning led the team that were behind the scheme which was described as a bitter-sweet moment by a member of the committee. Bitter because the town was losing an old building which had been part of the town heritage for many years but sweet because it was going to be replaced by a new set of quality buildings made from materials salvaged from the old structure.
The owner had bought the buildings after they were severely damaged by an arson attack. He wanted to convert the existing structure but this proved to be financially un-viable. The scheme approved had been carefully worked up by Prism and the design team over many months of close partnership working with the Council. It was supported by the local councillors, the Town Council and the local Cricket Club who abut the site.
It’s not very often that a planning committee commend you for a scheme that involves losing an old building in a Conservation Area but the fact that they did is testament to all of the hard work we put into the proving it was the only way forward, as well as having an excellent scheme to go back on the site.
Work can now start on relocating bats from the site, subject to the separate go-ahead from Natural England.
Hot food takeaway applications can be contentious and applications to extend open hours more so. Applications become more difficult when the planning history of the premises is one of the original application being refused by the Council but allowed on appeal and then subsequent applications to allow opening on Sundays and Bank Holidays (prohibited by the condition imposed by the planning appeal decision) being refused and the refusal upheld at appeal.
That was the scenario we faced but with a carefully presented case we were able to convince the planning officer to recommend that the permitted opening hours be extended to allow opening on Sundays and Bank Holidays.
First hurdle successfully negotiated but due to the number of objections received the application was reported to Stockton’s Planning Committee yesterday afternoon (15th June). Rod Hepplewhite of Prism Planning attended the meeting and spoke in support of the application, advising the Committee that national planning policy, as set out in the National Planning Policy Framework of 2012, had shifted significantly with the government advising that greater emphasis should be placed on economic considerations. He further advised that since the previous decisions pre-dated the NPPF, they could and should be set aside and there was good reason to approve the application.
Members of the Planning Committee clearly listened carefully to the case put forward by Prism Planning and the Council’s planning officer as to why extended opening hours should be allowed in this instance and approved the application unanimously apart from one abstention.
Another success achieved for a client by Prism Planning through a carefully prepared and present case. Indeed, we at Prism Planning see ourselves as the North East’s planning problem solvers. A successful outcome is not always possible but when presented with a proposal we will give an honest summation of the prospects of success we foresee. If you think we could assist you with a planning issue, we’re only a phone call or an e-mail away.
Stockton Council have just decided to grant consent for a scheme submitted by Prism Planning which sought consent for 40 one and two bedroom apartments on a site in the centre of Ingleby Barwick.
Consent had previously been granted at appeal for a scheme on the same site that was restricted by a planning condition to only be occupied by the over 55’s. Because of the conditions imposed, the scheme was not attractive to the market and lending institutions during these challenging times.
Prism Planning presented an alternative scheme to the Council which provided for a mix of one and two bedroomed apartments for sale, based upon a different financial model and argued against the imposition of any restrictive occupancy condition. Accurate information on scheme build cost and viability was also submitted, to demonstrate to the authority that the scheme could not afford to contribute towards all the off-site affordable housing that the Council sought.
The scheme was passed by a majority vote on the planning committee, subject to a legal agreement relating to the transfer of land for public open space and a reduced commuted sum towards the provision of affordable housing elsewhere in the borough.
It is increasingly the case that viability assessments are becoming a key component of any planning application of significance and this scheme showed the value in presenting a clear business case to the planning authority. Without this, the scheme would have been subject to punitive costs that would have held the scheme back.
If you have a scheme where viability is an issue, talk to Prism to see whether we might be able to help.
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!
We recently succeeded in winning an appeal against the non-determination of an application that had been submitted to Stockton-on-Tees Borough Council for a small residential development within the grounds of a care home at Redmarshall. We had been advised by the case officer that it was likely that the application would be refused on the grounds that the proposed site is in an unsustainable location for additional residential development, in view of the settlement having limited services and provisions, thereby requiring occupants to travel for employment, education, retail and recreational uses. To save time for our client we submitted the appeal ahead of waiting for the Council to refuse planning permission.
Prism Planning had been engaged to project manage the planning application and sought to work constructively with officers of the Council for what was acknowledged to be a proposal that the Council would be unlikely to welcome with open arms. Having worked with planning officers for a considerable period of time, revising plans to accord with officer advice/requests, it was galling to see the application heading towards being refused for an ‘in principle’ reason. Furthermore, we had submitted a comprehensive argument why the proposal should be accepted as constituting sustainable development. We also argued that due to their proximity, Redmarshall and the nearby village of Carlton, should be considered as one settlement when determining planning applications (Stockton regard Carlton as a sustainable settlement). It became clear that the planning officer had a closed mind to our arguments and therefore submitting the appeal was the only sensible option.
It was pleasing to read in the decision from The Planning Inspectorate that the Inspector accepted the strength of our case, to the extent that he agreed with us on every relevant planning issue. In particular, he agreed with us that Redmarshall and Carlton should be considered as a single entity for planning purposes. He also agreed that the Council’s Villages Study (Planning the Future or Rural Villages in Stockton, 2014) should only be afforded very limited weight in his decision as it is not an adopted planning document, having been prepared as part of the evidence base for the Council’s Regeneration & Environment Local Plan, itself not yet adopted.
Another factor in the decision was that the Council cannot demonstrate a 5-year housing land supply, as required by central government, and the proposed development would make an important, albeit limited, contribution towards meeting the deficit.
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.
On 26th November we were successful is securing a new outline planning permission for housing development of 46 houses on the edge of a village within Redcar & Cleveland, but not without a fight. We had been successful in obtaining the original permission in September 2013, granted for a shorted two year period, on the basis that the Council did not have a 5 year housing land supply and that on every other account the proposed development was acceptable. Unfortunately, our client had been unable to sell the site and instructed us to submit a second application shortly before the original expired.
In the meantime circumstances changed insofar as the Council now consider that they can demonstrate a 5 year housing land supply and that housing policies could now be taken into account when considering the second application. We were advised that on the basis that the site lies outside of the village development limits the application was likely to be refused. This came as rather disappointing but not totally unexpected news. All was not lost, however.
As it stood, the application was a delegated matter and could have been refused by officers without reference to Planning Committee. We believed that we would have a reasonable chance of securing planning permission if the application was considered by the Council’s Planning Committee but we needed to have it referred there first. There were two opportunities: our client could speak with his local Councillors and ask if one of them would exercise their right to have the application referred to Committee; and/or speak with those residents who had supported the original application and ask them to write in again to express their support for the new application. These tactics worked on both accounts, a local councillor who had supported the original application asked that the application be decided by the Planning Committee and registered to speak in support of the application and a sufficient number of letters of support were subsequently submitted to the Council that would have triggered referral to Committee in any case.
So far, so good. We now faced the task of convincing Members of the Planning Committee to over-turn the officer recommendation for refusal and approve the application. We were helped by the local councillor speaking in support of the application. Our Director, Rod Hepplewhite, then addressed the meeting arguing that the benefits of the proposed housing far outweighed the single issue that the site lies outside the village limits and that the application should be refused on this basis given that the Council can now demonstrate a 5 year housing land supply. Thankfully, our case was listened to and one by one Committee Members voiced their support for the development, saying that it had been acknowledged that there were no technical grounds for refusal and that no convincing argument had been put forward by officers why the application should be refused. The application was approved unanimously, which came as a massive relief to our client and was very pleasing for Prism Planning.
We at Prism Planning like to see ourselves as the North East’s planning problem solvers. If you think we could assist you with a planning issue, we’re only a phone call or an e-mail away.