All posts tagged success

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.
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.
Some readers may recall that we reported back in March of this year our success at appeal in having the decision by Stockton-on-Tees Borough Council to refuse outline planning permission for a development of 4 houses within the grounds of a care home in Redmarshall over-turned and permission granted. We have now secured outline planning permission for the redevelopment of the care home itself to provide up to 6 houses. Although the application was submitted in outline with all matters reserved, the indicative layout showed the development being integrated with the previous permission for 4 houses. The Council had previously resisted any further residential development within Redmarshall on the basis that they believed Redmarshall to be an unsustainable village. We had successfully argued at appeal, the Inspector accepting our arguments entirely, that their reasoning was flawed and that for a host of reasons the village should be regarded as a sustainable settlement where new housing development could be accommodated. We were delighted that Stockton’s planners dealt with the second application much more favourably, granting permission under delegated powers in a timely fashion. Our client will now advertise the entire site as a development opportunity for up to 10 houses. If you have a housing development in mind and would like some professional planning consultancy assistance, whether or not sustainability might be an issue, we are only a phone call or an e-mail away.
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.
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.
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.
We recently attended Durham County Council’s Planning Committee (Central & East) to speak on behalf of a client in support of his application for a single house on a former allotment plot in Easington Colliery. The application was recommended for approval and our client had been offered the opportunity of speaking at the meeting. Due to other commitments our client was unable to attend the meeting and his architectural designer, who had prepared and submitted the application, was hesitant about speaking at the meeting. Our advice was sought; should our client be represented at the meeting and if so could we attend the meeting and speak in support of the application. We advised that it is always best that someone speaks in support of an application, even when the officer recommendation is for approval, otherwise you run the risk of objectors speaking and without the applicant being represented the Committee may show favour to the objectors and refuse the application against officer recommendation. As it turned out the advice we gave our client was opportune as the application reported before ours also referred to a site in Easington Lane, was highly controversial and a lot of local residents attended the meeting at County Hall and one of their local Councillors (not a Planning Committee Member) spoke on their behalf and spoke very well. The same Councillor then spoke against our application. We then had the opportunity to speak in support of the proposal and the officer recommendation. Thankfully, when taken to the vote a majority of the Committee voted to approve the application and our client obtained the planning permission he sought. Would the same have happened had we not spoken in support of the proposal? We’ll never know but it’s better to be safe than sorry. If you have a planning application about to go before Planning Committee and would like to seek advice we’re only a phone call or an e-mail away.