Green Belt Planning Appeal Win for Domestic Storage Containers
Image by Edward Parsley Associates
We are thrilled to announce a significant planning appeal win in the Green Belt.
Chelmsford City Council had refused a Lawful Development Certificate for the positioning of three storage containers for domestic use within our client’s garden.
Our success in this appeal demonstrates our expertise in navigating planning policy and permitted development regulations and our commitment to achieving positive outcomes for our clients.
The Planning Challenge
Our client sought to position three storage containers on their property for domestic storage purposes. The local planning authority, Chelmsford City Council, initially refused to grant a certificate of lawful use or development. The council's main objections centered around two key points:
Whether the proposed containers fell within the definition of a "building" for planning purposes
Whether the land where the containers would be located was within the curtilage of the main dwelling
These objections posed significant challenges, as they questioned the very nature of the development and its relationship to the existing property.
Our Approach to this Planning Appeal
To overcome these objections, we developed a comprehensive planning strategy that focused on:
Defining the containers as buildings: We presented a compelling case that the containers met the legal criteria of size, permanence, and physical attachment to be considered "buildings" under planning law.
Establishing curtilage: We provided clear evidence demonstrating that the land where the containers would be positioned was intimately associated with the main dwelling and formed part of its curtilage.
Proving incidental use: We successfully argued that the proposed storage use was genuinely incidental to the enjoyment of the dwellinghouse, a key requirement for permitted development rights in the Green Belt.
The Planning Appeal Outcome
The Planning Inspector agreed with our arguments, concluding that:
The containers constituted "buildings" for planning purposes due to their size, permanence, and physical attachment to the land.
The land where the containers would be located fell within the curtilage of the main dwelling.
The proposed use for domestic storage was genuinely incidental to the enjoyment of the dwellinghouse.
As a result, the Inspector allowed the appeal and granted a Lawful Development Certificate, confirming that the positioning of the three containers for domestic storage constituted permitted development under Class E of the General Permitted Development Order.
Implications for Green Belt Projects
This case highlights an important point for those considering domestic development projects in the Green Belt:
Understanding permitted development rights: Even in restrictive areas like the Green Belt, certain developments may be possible under permitted development rights.
Our Successful Projects
For more case examples of other projects in Chelmsford or the green belt, please read here:
How We Can Help with your development project
Our success in this appeal underscores our ability to navigate complex planning issues in sensitive areas like the Green Belt. If you're considering a development project in the Green Belt, we can assist you by:
Assessing whether your project could fall under permitted development rights
Preparing robust arguments to support your case
Navigating the appeals process if necessary
Our team's deep understanding of planning law and policy, combined with our strategic approach to overcoming objections, can significantly increase your chances of success.
Whether you're planning to add storage solutions, like our client in rural Chelmsford, or considering other developments in the Green Belt, we're here to help you navigate the complexities of the planning system and achieve your goals.
Contact us today to discuss how we can assist with your Green Belt project and potentially save you time, money, and stress in the planning process.
