Planning Case Studies
23rd March, 2018
Some more recent cases which we have been involved with
The Situation – Land allocated as open space in emerging Development Plan, North Tyneside
Client : Public Sector Organisation
Four parcels of land in North Tyneside were identified as being suitable for housing development. Each was promoted in the emerging North Tyneside Local Plan and three went on to be allocated for residential development in the adopted Local Plan. The fourth site was initially proposed to be allocated for residential development but in later stages in the preparation of the Plan following local objection it was proposed to be allocated as open space.
The Solution
Objections were submitted to the emerging Local Plan that the site should be allocated for a comprehensive mixed residential / open space development. A number of sessions at the Examination in Public were attended in support of these objections.
The Result
Whilst the Local Plan Inspector did not recommend the allocation of the site he did find in his report that the site was suitable for a mixed residential / open space development to be delivered through the development management system thereby providing a positive steer.
The Situation – Change of Use of General Industrial Building, Sunderland
Client : Plc
Our client needed new premises to provide specialist apprenticeship, educational and work based training to support the automotive and manufacturing sector in the City. A suitable building was identified. The permitted use of this building was for purposes within Classes B1, B2 and B8 of the Use Classes Order. Planning permission was therefore required for our client’s proposed use.
The Solution
A planning application was submitted for the change of use of the building to a residential institution (Use Class D1) and external alterations.
The Result
Planning permission granted subject to conditions.
The Situation – Residential Development, Northumberland
Client : Housebuilder
Our client’s planning application for 5 dwellings in a village in Northumberland had been refused planning permission. Our client wished to appeal against the decision.
The Solution
An appeal was submitted against the refusal of planning permission with an appropriate justification. The main issues were the sustainability of the site, the impact on the character and appearance of the area which was a designated Conservation Area and the impact on neighbour’s living conditions.
The Result
The appeal was allowed and planning permission granted subject to conditions.
The Situation – Permitted Use of Land, Darlington
Client : Medium Sized Business
Our client acquired a former service station and adjoining land. They wished to develop the land in part themselves and to sell the balance. There was a need to confirm the lawfulness of existing uses in parts of the site and the lawfulness of the proposed uses in other parts of the site.
The Solution
Two applications were made for Certificates of Lawfulness of Existing Use and one application was made for a Certificate of Lawfulness of Proposed Development.
The Result
The Local Planning Authority approved each of the applications, confirming lawfulness and providing certainty.
The Situation – Enforcement Issues, Newcastle
Client : Small Business
Our client opened a restaurant in the City and shortly thereafter was contacted by the Council’s Enforcement Officers noting that the use was operating in breach of a condition of a planning permission and that a flue and associated equipment had been erected without the required planning permission on the outside of the property.
The Solution
Two planning applications were made. The first sought to vary the condition which was being breached. The second sought retrospective planning permission for the flue and associated equipment.
The Result
Both applications were approved and planning permissions granted subject to conditions.
The Situation – Objection to planning application seeking permission for a mixed use building between 10 and 16 storeys in height with associated access, car parking, landscaping and urban realm works, Newcastle
Client – Medium Sized Business
Our client considered the proposed development was not acceptable and would adversely impact on their building which adjoined the site and in turn its occupants.
The Solution
A series of objections were submitted against the proposed development. Additionally a representation was submitted to the Council’s Tall Building Scoping Report Consultation, the proposed development being a ‘tall building’.
The Result
After a number of revisions to the scheme the applicant withdrew the planning application meaning that planning permission was not granted.
The Situation – Change of use from agriculture to equestrian use and erection of stables and ménage for commercial livery, Durham
Client – Private Individual
Our client had submitted through their architect a planning application for the change of use of area of land from agriculture to equestrian use and for the erection of a stables and ménage for commercial livery use. The application was encountering significant local opposition.
The Solution
Advice was given and a series of changes made. The application was subsequently considered at the Council’s Planning Committee which we addressed speaking in support of the application.
The Result
Planning permission granted subject to conditions.
The Situation – Planning application submitted for the redevelopment of a former nursery site, Darlington
Client – Private Individual
Our client acquired a former horticultural nursery site in one of the villages in the Borough. Planning permission had been refused previously for a residential development on a portion of the site. Following our assessment of the current planning position our client wanted to test the position with a further application.
The Solution
A planning application for a comprehensive development of the site was submitted to the Council with an up to date justification.
The Result
Outline planning permission was granted for up to 10 dwellings subject to conditions and to a Section 106 Agreement
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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