Following a refusal by the Local Planning Authority for the creation of a separate two-bedroom dwelling, MDP were instructed to prepare and submit an appeal to the Planning Inspectorate.
The site is located adjacent to Flood Zone 2, outside the settlement boundary and along a characterful and attractive valley. The site is readily visible from an elevated road running into the village and across a water course when viewed from the main vehicular thoroughfare, through the settlement. As such it could have been considered as a sensitive location.
Having reviewed the Officer's Report and Decision Notice, MDP considered that the appeal would have a high probability of success. Furthermore, we felt that the reasoning behind the decision had no Policy basis; it was therefore considered to be demonstrably unreasonable conduct. Specifically, the application was rejected on the basis of policies within a Neighbourhood plan whose area designation did not cover this particular site.
The Inspector fully accepted our position and granted the Planning Permission with no conditions, and upheld a costs claim, with an award of costs to our client. This approval was made in the face of a positive 5 Year Land Supply, meaning the Council are currently meeting their housing targets. This makes the approval of a new house outside a settlement boundary all the more successful.
The site is located adjacent to Flood Zone 2, outside the settlement boundary and along a characterful and attractive valley. The site is readily visible from an elevated road running into the village and across a water course when viewed from the main vehicular thoroughfare, through the settlement. As such it could have been considered as a sensitive location.
Having reviewed the Officer's Report and Decision Notice, MDP considered that the appeal would have a high probability of success. Furthermore, we felt that the reasoning behind the decision had no Policy basis; it was therefore considered to be demonstrably unreasonable conduct. Specifically, the application was rejected on the basis of policies within a Neighbourhood plan whose area designation did not cover this particular site.
The Inspector fully accepted our position and granted the Planning Permission with no conditions, and upheld a costs claim, with an award of costs to our client. This approval was made in the face of a positive 5 Year Land Supply, meaning the Council are currently meeting their housing targets. This makes the approval of a new house outside a settlement boundary all the more successful.