Planning appeal success in Eastleigh
MB Planning was commissioned to prepare an appeal against the decision of Eastleigh Borough Council to refuse planning permission for a number of alterations to a semi-detached bungalow, including a hip to gable roof alteration and large rear dormer window.
The appeal revolved around the impact the development would have on the character of the area. The Council argued that the roof structural changes would harm the character of the area, and that the proposed rear dormer window was too large.
MB Planning reviewed the planning application, and advised that the roof alterations (excluding the dormer window) constituted permitted development. As a result, a Lawful Development Certificate (LDC) of Proposed Use was submitted to the Council, who accepted the development proposed did indeed constitute permitted development. The granting of the LDC effectively meant that all proposed works to the property that would be visible to the public realm could be carried out without needing planning permission.
The Planning Inspector gave substantial weight to the LDC, while also concluding the rear dormer window would not harm the surroundings. As a result, the Inspector endorsed the approach put forward by MB Planning in this case, and the appeal was allowed.
Above: The appeal site
Below: Side and rear elevations of the approved alterations allowed at appeal
Large rear and roof extension to bungalow approved
MB Planning was approached by a local architect for advice following a refusal of planning permission for a large rear extension (incorporating habitable accommodation within an enlarged roofspace).
MB Planning assessed the proposal, and advised an appeal would be worthwhile pursuing. MB Planning prepared an appeal statement that robustly attacked the Council’s objections. While the Planning Inspector ultimately dismissed the appeal on a minor technicality, he did make it clear that the majority of the proposed development was acceptable.
The architect was left with the simple task of slightly amending the proposed development to comply with the Planning Inspector's advice. The Council were compelled to comply with the guidance in the appeal decision, and duly approved the revised planning application.
Enlargement of garden and new fence enclosure
MB Planning was approached by a private individual who wished to enlarge her garden by changing the use of land adjacent to their property to domestic garden, and then enclose the new garden with wooden fencing.
The site is located within a conservation area and also adjacent to a busy A road. The main issues with the planning application were the impact the fencing would have on the character of the area, and whether the fence would impede visibility from a nearby cul-de-sac onto the A road.
MB Planning was able to demonstrate in the planning documentation that the change of use of the land to domestic garden was acceptable. In addition, it was also demonstrated that the fence would not harm the character of the area. A minor amendment to the height of the fence addressed highways concerns regarding visibility from the adjacent cul-de-sac, and the application was duly approved.
Provision of new vehicle access to serve paddock
MB Planning was commissioned to prepare a planning application for a new vehicular access point from a busy B road to serve a paddock adjacent to a dwelling. The main issue in this case was the ability to demonstrate that a vehicle could leave the highway and access the paddock without affecting highway safety.
MB Planning prepared a site layout drawing to accompany a planning statement, demonstrating that the desired vehicular access could be achieved without compromising highway safety. It was necessary to demonstrate that a large vehicle with possible trailer could leave the highway and not block the road while opening the access gate to the paddock. The Council were satisfied the proposal would not harm highway safety, and therefore approved the application.