17.04.2020

Appealing results at Planning Appeal Stage


We are delighted that in recent months we’ve successfully overturned a range of planning decisions at the Appeals Stage. These overturned decisions often result in creating lasting impact and positive, life-changing solutions for some of our clients – this makes all the hard work worthwhile, and makes us happy too!

Here are just a couple of recent examples:

Securing an additional home for a family business in an isolated village:  

Background:  We represented a multi-generational family with a long-standing family business on-site. The client currently lives with their elderly parents in a rural location in Norfolk.  This successful outcome was really the only way that the client would be able to successfully get on the housing ladder and will enable them to look after their parents in their old age and stay in close proximity to them, in a rural location.   The scheme was the only way to solve these social issues.

Challenges: This case was long-standing, taking years to secure and was refused initially when we submitted it. With time – we found a relevant piece of recent Case Law  under the new NPPF which we brought to the clients’ attention – we knew that it would be a challenge and finely balanced due to the rural and isolated location, in a unsustainable location and on a narrow road – and conveyed that it could have a chance of success. – however they decided to progress to the Appeals Stage.

Solutions:  We included sustainable factors and developments in the application such as car electric charging points.

Outcomes:  This success will enable the family to move forward, in so many ways – by creating housing and life-choice options that were not previously available to them.

Secondly – a case in North Norfolk. The team demonstrated on-going support for the client, and tenacity and patience on the project.

Background:  Originally the client wanted to gain permission to secure one self-build dwelling, at a site that presented as an infill site with building in close proximity. It was originally recommended for approval, but Waveney council refused this. At the appeal stage the case was refused again.

Challenges:  In 2018 Parker Planning Services resubmitted the case which was refused due to the site not being in a sustainable location.  Following on from new NPPF guidelines this application was then resubmitted about a year later – it was recommended for approval by the council but dismissed in error because the Habitat Regulation Mitigation had been misunderstood. The council then refused the application for different reasons citing the new local plan adopted in 2019.

Solutions:  We overturned this decision when we consequently resubmitted it again – and recently secured planning permission at the Appeal Stage.

Outcomes: This successful application will have significant positive implications for our client.

“You’ve managed to achieve what we thought was going to be unachievable – Thanks so much”.

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