Planning Appeal Success for a Backland Development in Colchester
Our planning team has won a planning appeal and secured ‘permission in principle’ for between one and two dwellings in West Mersea, Colchester.
The application was originally refused by Colchester Borough Council, however following an appeal, this decision was overturned by a Planning Inspector and was subsequently allowed and permission granted.
Permission in Principle (PiP)
The permission in principle consent route is an alternative way of obtaining planning permission for housing-led developments. The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in-principle and the second (‘technical design consent’) stage is when the detailed development proposals are assessed.
During the first stage of the permission in principle, the scope of the proposals is limited to location, land use and amount of development, i.e. ‘in principle’ matters only.
The Council’s Original Decision
The Council cited three reasons for their refusal:
Character and Appearance of the Area – It was their opinion that that a backland development located on the garden area would lead to an incongruous and cramped development. We were able to demonstrate that there were no adopted planning policies that prevented the principle of a development at this location.
Whilst the Council had a supplementary planning document that discussed backland proposals, we explained that this document was not an adopted development plan document, but in any event, the proposals could in principle, accord with the guidance set out in it.
Overlooking – The Council claimed that future occupiers would be overlooked by the existing built form. We highlighted that this was a design issue that was premature given that the scheme has not been designed yet. We also pointed out that the large garden could easily accommodate two dwellings and comfortably meet the Council’s standards in respect to overlooking and privacy distances.
Living conditions of neighbouring properties - The Council claimed that the proposed development would result in additional comings and goings associated with the proposed development, which would have a significant adverse impact upon living conditions of neighbouring properties. The Planning Inspector agreed with our assessment, i.e. the impact of the proposed development would be too small to have a material impact upon the neighbouring properties.
As outlined above, the application for permission in principle is used to establish whether a site is suitable ‘in principle’ and the second ‘technical details consent’ stage is when the detailed development proposals are assessed.
Contact A D P
Do you have a large garden or piece of land and would like to understand its development potential? If so, please contact the team via mail@adpltd.co.uk or use the form below: