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  • benjaminvickerspla

What are grounds for a planning appeal?

Updated: Apr 15


Back in May (2023), I wrote that I had been supporting Northwich based designers Archiscape with their application for a highly energy efficient home in Poole.


Unfortunately the application was refused on the following grounds (summarised):

  1. The plot would be too small

  2. The dwelling's design was "Overtly Contemporary"

  3. Lack of daylight/sunlight for occupiers

  4. There was no commitment from the applicants to pay towards habitat mitigation.

I'm quite picky with regards to the schemes I take on. Generally as a planning consultant most of enquiries I receive relate to schemes on the margins of whether planning permission would be granted. Consequently, if I feel that a scheme has no chance of gaining permission - I'll let the enquirer know. Its not in either of our interests to pursue lost causes.


I always felt this was a good scheme. The proposed dwelling is within 10 mins walk of Broadstone Town Centre. It looks a bit different to surrounding dwellings, but the street had no particular heritage protection. Just fairly bland mid-20th century houses really. The applicants were locals to Poole and wanted to stay within the area.




None the less, the application was refused. The reasons for refusal were pretty flaky. I felt my clients had been given a rough ride.


Grounds for appeal should always respond to the council's reasons for refusal.


My appeal was made on the following grounds:


  1. Housing delivery in Poole is incredible poor - just look at council's 5-year supply of housing and performance against 'Right to Build' legislation (i.e. self-build registers).

  2. Nope! The plot isn't too small. Its measurements fall within local guidance. Ok...the dwelling looks bit different, but it meets the main principals set out within local design guidance. It also needs to look different to achieve its high energy efficiency specifications. The council did declare a climate emergency after all!

  3. Daylight/sunlight levels are fine. Here is a report we commissioned confirming this.

  4. No worries - here's a draft Unilateral Undertaking (a form of Section 106 agreement) which will pay this.


Feel free to read my full case below.


Appeal Statement - 40 West Way
.pdf
Download PDF • 463KB

Appendix 1 - 12
.pdf
Download PDF • 13.90MB

Hopefully the Inspector will agree with my case and grant planning permission. Unfortunately planning appeals are taking a very long time to decide at the moment - 6 months maybe!


See application ref: APP/23/00433/F on the (legacy) Poole Borough Council webpages.


If you need help securing planning approval for your self-build dwelling, do get in touch.

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