June 2016

PLANNING PERMISSION SECURED FOR A NEW DWELLING IN THE GREEN BELT

In June 2016, DLP successfully secured planning permission for the conversion and extension of two underused barns to form a four bedroom dwelling within the landscaped grounds of the Chalet, a large detached Victorian property to the north east of Alveston, South Gloucestershire. The planning application comprised the renovation of the two barns and the creation of a link extension between them.

The site provided a number of significant planning constraints, including its location outside the settlement boundary of Alveston and within the Green Belt. It was important to prove that the barns were structurally sound and capable of conversion in order to meet the requirements of paragraph 90 of the NPPF. It was also important that the proposal complied with NPPF para 89 to ensure that it was considered to be appropriate development in the Green Belt.

Pre-application discussions were held with the Council and the scheme was designed so that it complimented the agricultural vernacular of the buildings by incorporating additions that, although contemporary in appearance, were reliant on materials that would be respectful to the historic context of the buildings.

South Gloucestershire Council granted the application under delegated powers subject to conditions

/Users/hannahpanes/Dropbox/15-0061 The Chalet BS35 3LG/Drawings/

© Copyright of GSH Architects

dlpPLANNING PERMISSION SECURED FOR A NEW DWELLING IN THE GREEN BELT
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APPEALS ALLOWED FOR ADDITIONAL BEDROOMS WITHIN TWO HOUSES OF MULTIPLE OCCUPATION IN SOUTH GLOUCESTERSHIRE

DLP Planning Ltd have successfully overturned the decision of South Gloucestershire Council and secured planning permission for additional bedrooms within two separate Houses of Multiple Occupation (HMOs) in the Stoke Gifford area of South Gloucestershire on behalf of Groves Park Ltd and CS Properties Ltd.

Towards the end of 2015 planning applications were submitted to increase the number of bedrooms within the two student properties. Both received the support of the Council’s Highways officer and case officer recommendation for approval. However, they were called in by the Planning Committee and subsequently refused, with the Committee citing parking concerns as their reason for refusal in both cases. In addition, the Committee also provided a second reason for refusal for one of the applications on the basis that they believed the means of access to the proposed cycle store in the rear garden of the property to be inadequate.

DLP then appealed both decisions in February 2016. Based on the parking survey information that had been submitted during the original applications, the Inspector was able to conclude that neither proposal would have a significant impact upon the parking situation in the area. Where the Committee had raised concerns over the suitability of the pathway to the proposed cycle storage at one of the HMOs, the Inspector determined that said path would not impede any cyclist.

The Inspector therefore determined that both appeals should be allowed, subject to conditions. Costs were also awarded to the appellant for one of the appeals, with the Inspector concluding that the Council had acted unreasonably.

dlpAPPEALS ALLOWED FOR ADDITIONAL BEDROOMS WITHIN TWO HOUSES OF MULTIPLE OCCUPATION IN SOUTH GLOUCESTERSHIRE
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DLP instructed to prepare a planning application for the development of the Suffolk Business Park.

DLP Planning has been instructed by Jaynic Properties Ltd to prepare a planning application for the development of the Suffolk Business Park.  The development will form the greater part of the strategic employment allocation in the St Edmundsbury Local Plan which identifies some 68 hectares which is expected to accommodate companies seeking a high profile location for Class B1 and B8 planning uses.  Suffolk Business Park is expected to be the primary location for employment in Bury St Edmunds located adjacent to the A14 and served by the new Eastern Relief Road.

The appointment of DLP Planning to lead the preparation of the application follows on from the granting of permission earlier in the year for the adjoining extension of the Moreton Hall district with a development of 500 new homes, a local centre and secondary school.   DLP Planning Ltd acted on behalf of Taylor Wimpey with whom Jaynic has reached agreement for the development of the Business Park.

dlpDLP instructed to prepare a planning application for the development of the Suffolk Business Park.
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Appeal allowed for 5MW Solar Farm in Cumbria

DLP (Planning) Ltd have overturned the decision of Eden District Council and secured full planning permission for a 5MWp solar PV farm which has the capacity to supply power to approximately 1,375 homes at Bowscar Road, Penrith, Cumbria.

DLP Ltd successfully appealed the decision demonstrating that the potential landscape and visual amenity impact of the proposal would not be significant. DLP also successfully applied for a full award of costs. The Inspector agreed with the case submitted that the Council had acted unreasonably in the lack of evidence or objective analysis they had presented throughout the appeal process to substantiate their stance.

Subject to conditions, the Planning Inspector was satisfied that the proposed solar farm was acceptable and as such allowed the appeal.

dlpAppeal allowed for 5MW Solar Farm in Cumbria
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Permission Secured for Major Development at Buntingford Following Secretary of State Determination

DLP Planning Ltd has secured planning permission, on behalf of Wattsdown Ltd, for a residential development of up to 56 dwellings on land east of Aspenden Road, Buntingford

The outline application, despite being recommended for approval and eliciting no objection from the Highway Authority or the Environmental Health Officer, was refused by the Planning Committee in March 2014 on the basis that the site was in the rural area outside the town and therefore the impact on a rural highway and pedestrian access was unacceptable; and the potential effects of noise on the character of the site and on any residential development would be contrary to policy.

The decision was appealed and a Hearing held in January 2015.  The appeal was recovered by the Secretary of State for Communities and Local Government for his own determination on 27 March 2015, the reason being that the Appeal involved proposals that raised important issues of development control and legal difficulties.

Based on the evidence presented on noise impacts the Inspector concluded that the site could be treated as within a noisy environment as it is located alongside the busy A10 road and therefore the higher of the WHO noise thresholds (55dB) should be applied. He did not share the Council’s objection to the use of mechanical ventilation with heat recovery (MVHR) noting that such systems are now commonplace and reliance on mechanical ventilation as a mitigation measure would not result in poor internal amenity levels.  The matter could be dealt with by condition.

Nor did he share the view that Aspenden Road was a rural highway unfit to accommodate the level of growth proposed. Whilst he found that the road width was constricted for a short distance and the footpath narrower than recommended in Manual for Streets, and that this was not an ideal situation, he found that no harm would arise as he was satisfied that a safe and suitable access to the site could be gained for all modes of transport.

The Secretary of State agreed with the Inspector’s recommendations, specifically that in weighing the balance, the provision of housing including 40% affordable provision was a significantly benefit of the scheme in the light of an agreed shortfall in five year supply.  Of particular note in his conclusion was the minimal weight given to the emerging Buntingford Community Area Neighbourhood Plan. The Secretary of State considered that because the Neighbourhood Plan was still subject to unresolved objections to relevant policies and may require further modification at Examination, little weight should be afforded to it in determining the Appeal.  This sets an interesting precedence in the materiality of Neighbourhood Plans in that only minimal weight should be afforded to emerging Neighbourhood Plans.

3_13_1399_OP-ILLUSTRATIVE_HOUSING_LAYOUT-506864

dlpPermission Secured for Major Development at Buntingford Following Secretary of State Determination
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Construction sector networking event held in Nottingham

Three companies working across the development and construction sector joined forces to stage a networking event in Nottingham.

Civil and structural engineering firm BSP Consulting, planning consultancy DLP Planning and Roythornes Solicitors came together to host the event for 50 guests at the Riverbank Bar & Kitchen, near Trent Bridge.

The BBQ and networking evening provided the chance for professionals in the sector to catch up on the latest trends and news for the development and construction industry, and to chat about existing and upcoming projects and opportunities in the East Midlands.

“It’s good to get together with others who work in development, in an informal environment, and everyone seemed to enjoy renewing acquaintances and making new contacts,” said BSP Consulting business development director Jef Todd. “It’s an exciting time in the sector, with lots of key schemes underway in the region and others in the pipeline.”

BSP Consulting, which is based in Oxford Street in Nottingham, and also has offices at Pride Park, Derby, De Montfort Street, Leicester, and Solly Street, Sheffield, provides civil, structural, traffic, transportation, geotechnical and environmental engineering services across the construction industry.

An award-winning business, the firm operates across all the major sectors including health, education, residential, leisure, retail, rail and industrial.

DLP Planning operates from nine offices across the UK, specialising in providing town planning and development advice to a broad range of private and public sector clients throughout the UK. DLP Planning Ltd has extensive and wide-ranging experience in all forms of planning and development from small scale domestic projects to major strategic growth proposals, in both urban and rural areas.

The East Midlands Office opened in 2013 and originally operated from Castle Donington, Leicestershire. In May 2015, due to expansion, the East Midlands office relocated to Nottingham city centre.

Roythornes solicitors is one of the leading property law firms in the UK with clients including some of the country’s biggest developers, as well as major blue-chip companies, family businesses and private individuals. Roythornes provides a comprehensive range of property services, including planning, infrastructure, social housing, environmental and dispute resolution. The firm has a strategic and objective approach meaning it offers not just legal advice, but commercial risk management and extensive industry expertise and experience.

BSP DLP and Roythornes BBQ 2016

dlpConstruction sector networking event held in Nottingham
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