Replacement Dwelling Approved in Braintree

Our planning consultants have recently secured planning permission for a replacement dwelling at Black Notley, Braintree.

The Proposed Development

The application actually sought retrospective planning permission for the erection of a 4 bedroomed dwelling at the site. In this case planning permission had previously been granted for extensions, however the extensions were not constructed in accordance with the approved plans and the original structure was substantially demolished. This current application therefore sought to regularise the development as constructed.

This project introduces an interesting issue, that being at what point does the demolition a building associated with new extensions be considered a new build dwelling requiring a new planning permission. This is a matter that has been considered in the courts and established that where the development is in effect a new building as way of substantial replacement, it does not matter if the development involves works to a pre-existing structure, it could be considered a new dwelling.

The facts and degree of each individual circumstance and amount of works undertaken will need to be assessed on a case by case basis.

Amenity and Design Considerations

With regard to this case we were also challenged with justifying the development as constructed and demonstrating that the building fully complied with the Council’s adopted planning policies. The Council accepted that the dwelling is of good design and complies with the National Described Space Standards.

We also demonstrated that the development provided suitable rear garden amenity and adequate off-street parking in line with the councils adopted standards.

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