A lengthy enforcement investigation has been now been resolved thanks to ET Planning and their clients commitment to make full use of the planning system in order to save their home-based swimming business.
Back in 2019 a retrospective planning application for the change of use for a residential swimming pool to be used for mixed use and use for the provision of baby and toddler swimming classes was put forward to the Council.
The council shared concerns raised by neighbours including increased noise levels, on-street parking disruption at swimming class crossover points and the increase in traffic levels from the private classes being held at the property. The council determined that these reasons were substantial enough to refuse planning permission.
As the business was already in operation at the time the planning permission was refused, the council issued an enforcement notice. This notice stated that the residential swimming pool could not be used for commercial use and so all private lessons currently taking place must be stopped. This effectively meant the business must stop trading and close.
This was a huge blow for the clients. But they did not want to give up and fought once more to save their business with ET Planning’s support.
Two appeals were subsequently lodged, one to appeal the planning refusal and the other to appeal the enforcement notice.
As part of the appeal process the appeal inspector stated, “I have found that the use of the swimming pool would not be detrimental to living conditions or highway safety and therefore consider that the Council’s suggestion of a temporary permission to assess the effect of the use upon ‘the amenity of surrounding residential properties’ is unnecessary.”
The lengthy enforcement investigation was worth it. The appeal was won under Ground A which is “that planning permission should be granted for the development alleged in the notice”.
The appeal report went on to add, “the appeal is allowed, the enforcement notice is quashed and planning permission is granted on the application”.
The planning permission is now subject to an hours of use condition which will reduce traffic flow at peak times and will ensure parking provisions for neighbours are protected.
This appeal win is a huge triumph for this small business who have fought hard to receive planning permission, and this result has undoubtedly prevented another small business from closing in a year which has seen so many have to close their doors.
This case demonstrates the importance of taking full advantage of the scope of the planning system and not being afraid to take action and appeal against a council’s decision. If you have received an enforcement notice or a planning refusal and would like to discuss your options for moving forward, please don’t hesitate to contact our team today.