What a start to 2018!

As a small business in today’s almost 24 hr society it is sometimes impossible to retreat from the technological perks that assist us in the working week.  When we are enjoying time with friends and family over the Christmas period, taking a photo of the “Game of Life” battle at the dining room table, an email notification pops up on the phone.  That little red circle is frustratingly difficult to ignore for the rest of the holiday so, you open your email app and, there it is, an email from the Planning Inspectorate…

You know by the subject line that it is the appeal decision you have been waiting for.  Do you or don’t you – open it, that is.

You open it.

You scan for the magic words.

APPEAL ALLOWED!

You open the cost award decision.

You scan for the magic words.

FULL AWARD OF COSTS GRANTED!

What a start to 2018 for our client, his bank balance and C2C Planning Consultants!

Talk to us about your Game of Life strategy where it involves property development.

(P.S.  I won, but I lost at Game of Life.  I was first to the winning post but not rich enough.  Life imitates art?)

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Appeal for retrospective garage won whilst the threat of prosecution hangs over the development.

A new client approached us with a rather urgent situation and needed our help.

A nearly completed garage building had been served an enforcement notice, that notice hadn’t been appealed and prosecution action was being pursued by the Council.  Planning permission was just about to be refused for the retention of the building and things were looking somewhat…complicated.

C2C Planning Consultants sought a stay of execution on the prosecution action while appealing the refusal of planning permission within 4 days of the issue of the refusal notice.   The Council refused to pause the proceedings, despite it not being expedient to pursue action while our client had every right to appeal the refusal of planning permission.

We are delighted to have received planning permission from the Planning Inspectorate.

“…when completed with rendered walls as well as windows and doors as shown …the building will not look out of keeping within this residential area. The appearance of the new structure will be softened substantially with the addition of planting as shown on the submitted plans…

The appeal development is sufficiently well designed such that it respects the special qualities of this part of Torbay. In relation to the main issue, the development does not have a harmful effect upon the character and appearance of the site and surrounding area…

I consider …that the building is acceptable on its own merits in terms of this main issue and is not reliant upon the previous planning permission as a fall-back proposal.”

We will be writing to the Council to ensure that the prosecution action will be dropped as, for some reason, they haven’t contacted us to confirm!

Congratulations all round.

Appeal won to convert barn to dwelling under Class Q

It took two planning applications and an appeal to the Secretary of State to finally be granted planning permission to convert this beauty into a dwelling.

The issue centred around whether the appellant must “prove beyond all reasonable doubt” that the building and its associated land was in sole agricultural use.  

£12m paid out by councils after losing planning appeals

While I am currently “coming to an agreement” with a LPA in regard to a partial award of appeal costs, I was quite astounded to read about this £12 million figure.

Property consultancy Daniel Watney LLP sent out Freedom of Information requests to the 418 principal local authorities across the UK, asking them to list costs awarded from appeal proceedings between 2010/11 and 2015/16.

Two-hundred and seventeen councils responded, with 178 stating that they had paid out over the past six years. This, according to the research, totalled £11,965,077.17.
The top 10 authorities paying the highest total sum:

1. Cornwall Council – £981,332.40

2. Derby City Council – £866,975.00

3. Halton Borough Council – £721,470.48

4. Stratford-on-Avon District Council – £557,818.84

5. South Gloucestershire Council – £505,544.28

6. Basingstoke and Dean Borough council – £468,694.60

7. Horsham District Council – £442,969.00

8. Cambridge City Council – £311,175.08

9. Solihull – £306,563.00

10. Cheshire – £260,197.61
Whilst I might have been astounded by the headline figure, I wasn’t astounded that Cornwall were top of the naughty list.  No pressies from Santa this year!