appeals, hearings and inquiries

Applications for planning permission or listed building or conservation area consents are not always successful and sometimes the only way to pursue the application is to appeal against the Council’s decision.

TRIGPOINT Conservation & Planning has considerable experience in dealing with all types of appeals in respect of planning and heritage matters and is able to advise on the best appeal procedure, be that by written representation, informal hearing or Public Inquiry. TRIGPOINT Conservation & Planning will then construct the appellant’s case based on a thorough appraisal of the planning authority's reasons for refusal, the identification of the key issues and a sound knowledge of planning legislation.

appeals, hearings and inquiries - case studies

		Homefield Grange, Rushton (in association with Sterling Construction Management) Kettering Borough Council opposed the extension of a group of former farm buildings, now converted to a dwelling and also used for business purposes, within the Rushton conservation area. The Council argued that the proposed extensions were out of keeping with the existing form and design of the former agricultural buildings and that this would adversely alter their character and harm the conservation area. On these two issues, the case prepared by TRIGPOINT Conservation & Planning was able to demonstrate, by a thorough research of the history of the site and an analysis of the buildings’ present form, that the proposed extensions were very much in keeping with the existing buildings that had been developed from the original farm buildings. In addition by using photographic views, we were also able to demonstrate that the proposals would have no adverse impact on the prevailing character or appearance of the Rushton conservation area. The Inspector allowed the appeal noting that in his view the proposed development would not have a material effect on the existing group of buildings and that it would preserve the character or appearance of the Rushton conservation area. As a result our client can now extend her property and secure the long-term future of her business by offering a much improved range of facilities to her clients.

		Manor Farm, Seagrave (in association with David Granger Architectural Design Ltd) Charnwood Borough Council opposed the conversion of a redundant farm building alongside Manor Farmhouse to a new dwelling, citing that the village was not a sustainable location for any new development and that the proposed conversion would also harm the Seagrave conservation area. On these two issues, the case prepared by TRIGPOINT Conservation & Planning argued that the range of local services, as well as those accessible by public transport, meant the village was not an unsustainable location for new development and that the Council’s reliance on its emerging Core Strategy was fundamentally flawed and the proposed development should therefore be assessed on the basis of the existing local plan policies. Our analysis of the building also showed that whilst it was of only limited architectural merit, it did have an important link with the village’s agricultural heritage and consequently it was of local historic interest and made a positive contribution to the character of the conservation area. It was our view therefore that it was important to retain the building and find an appropriate new use for it. The appeal was allowed. The Inspector noted that the creation of one additional dwelling in the village close to some of the village services and re-using previously developed land was a sustainable form of development and that conversion of the barn to a dwelling would retain the integrity of an important group of buildings, enhancing the character and appearance of the conservation area. As a result our client can now redevelop his former agricultural building to provide a new home.

		Queen Street, Leicester Leicester City Council opposed the demolition of an unlisted building in a conservation area and for the erection of a seven storey development for 87 apartments with ground floor bars and restaurants in its place. TRIGPOINT Conservation & Planning presented the case, seeking to demonstrate that the proposed development would not affect the setting of the neighbouring listed buildings. The Inspector accepted that the proposal would not appear out of keeping nor would it be harmful to the setting of the listed buildings in the vicinity of the site. However, following a late objection by English Heritage, the Inspector was not prepared to accept the demolition of the building without further justification. Leicester City subsequently granted Conservation Area Consent on the presentation of evidence that clearly demonstrated that the building was in such poor condition that it was not economically viable to repair and re-use.

		Field Cottage, Dog Lane, Wilson, Leicestershire North West Leicestershire District Council opposed the erection of a single storey side extension and a two storey rear extension to this modest cottage within a sensitive conservation area location. TRIGPOINT Conservation & Planning was able to demonstrate to the Inspector’s satisfaction that the new extensions would respect the scale of the existing cottage and have no detrimental effect on the open and rural character or appearance of the conservation area.

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