DLP Planning Ltd (DLP) have successfully secured full planning permission at appeal, for a single modern dwelling on land to the side of an existing dwelling in Barnsley.
DLP were engaged after an earlier refusal and held on site discussions with a local architect to develop a modern dwelling that responded to challenging land levels and the characteristics of the area to minimise the impact of development on existing residential properties. The design adopted a split-level approach, utilising land levels so the property looked over a flat, green roof. An existing access meant there was no need to create a further vehicular access.
The Council retained the earlier reasons for refusal relating to backland nature of the site and the perceived harmful impact on existing amenity and the modern design, which they considered to be out of keeping with the traditional character of the area.
After being instructed to appeal the decision, DLP Planning argued strongly that the design was innovative and resulted in minimal impact on amenity and that relevant policies did not prevent backland development – only inappropriate backland development which adversely impacted on amenity. The Planning Inspector agreed with this interpreation.
The Inspector also quoted paragraph 60 of the Framework stating,
“Paragraph 60 of the National Planning Policy Framework (‘the Framework’) states that decisions should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. In the absence of particular local distinctiveness and in the varied context of surrounding development I consider that the proposal would not be harmful to the character and appearance of the area.”
As such the Inspector allowed the appeal.