Planning Appeals: Why Success Starts Before You Submit the Application
The Challenge
Our client approached ET Planning following the refusal of planning permission for the change of use of an existing dwelling to a children's home. The original application had been submitted before our involvement and included only limited supporting planning evidence. The Council raised concerns regarding the loss of a larger family dwelling, the impact on neighbouring residential amenity and highways matters, ultimately refusing planning permission. With the proposal already refused, the challenge was to prepare a robust appeal which addressed each reason for refusal through detailed planning evidence, whilst demonstrating the pressing need for children's homes within Birmingham and why the proposal complied with both local and national planning policy.
Our Approach
Upon being instructed, ET Planning undertook a comprehensive review of the Council's reasons for refusal and identified that the planning case required significantly more supporting evidence than had accompanied the original application. We prepared a detailed planning appeal statement demonstrating the identified need for children's homes in Birmingham, including reference to national policy and the Written Ministerial Statement on accommodation for looked after children. This was supported by additional technical evidence, including transport and noise assessments together with detailed operational and management information addressing the Council's concerns regarding residential amenity. The appeal successfully demonstrated that the proposal would not materially affect neighbouring residents, would not adversely impact highway safety and that the significant social need for specialist children's accommodation clearly outweighed the limited loss of a single dwelling. Whilst the appeal was allowed, the Inspector refused our application for costs, concluding that although the Council had ultimately reached the wrong planning conclusion, it had been entitled to refuse the application based upon the limited information originally submitted. This reinforces the importance of submitting applications with robust supporting evidence from the outset, rather than relying on an appeal to make the planning case.
Facing a Similar Challenge?
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