RECENT PLANNING PROBLEMS SOLVED

Planning permissions for houses

Planning permissions for specialist projects

Enforcement and Certificate of Lawfulness

Permissions in Conservation Areas

Permissions in Dartmoor National Park

Permissions for Class Q and barn conversions

Successful appeals

Neighbourhood Plan / Local Plan Representations

Planning permissions for houses

PLANNING PERMISSION FOR HOUSES

With 18 years as a Planning Director of a Regional Housebuilder I know what it takes to get a planning permission for houses or the conversion of buildings to flats. In those 18 years I never had a planning application for houses refused. With the Climate Change Emergency and biodiversity requirements permissions for new houses and conversions are even more difficult to achieve. I will give you an honest opinion of your chances, based on my years of experience. It means I will not take on a case if I do not think you have a reasonable chance of success.

Permission in Principle for detached bungalow, Millbrook, Cornwall

• Permission granted in sensitive environmental area despite a number of objections from local residents
• Unallocated site
• Outside settlement boundary

Change of use from commercial premises into six residential flats

• Permission granted for six flats after two previous planning refusals
• Previous refusals based on lack of car parking. New permission granted without any parking.
• Gymnasium approved as part of the commercial premises

Change of use of Class C3 dwelling to Class C4 House in multiple occupation

• Conversion of existing terraced Class C3 dwellinghouse to a Class C4 4-bedroom House in Multiple Occupation (HMO).
• House to be used by child of parents and rented to three other students to provide investment income.
• Designed to ensure HMO policy compliance

Permission for of replacement self-build dwelling and adjoining annexe with integral double garage following a refusal of permission in Holcombe, Dawlish, Devon

• Previous application refused. Redesign of dwelling and annexe resulted in permission being granted.
• Over £100,000 in Community Infrastructure Levy (CIL) payments saved by going down self-build route.

“Fantastic experience. His expertise and relentless work ethic is second to none. Highly recommended his services."

Planning permission for 24 dwellings, including affordable homes and self-build serviced plots on an unallocated site in Roche Cornwall

• Full permission for 24 dwellings including 6 affordable homes and 6 self-build serviced plots
• Site allocated in Neighbourhood Plan
• Required design consultation with Parish Council to obtain their support

Planning permission for detached 2-bedroom house in garden of main house following previous refusal in ANOB in Yealmpton, Devon

• Previous application refused on design grounds and street scene impact.
• Redesign and reduced impact ensured permission granted.

Permission for conversion of fire damaged barn to 4-bedroom holiday unit following a view of the Local Planning Authority (LPA) that the use as a dwelling had been legally abandoned

• LPA argued fire damaged building could not be rebuilt as use had been abandoned.
• Case made for Lawful Development and application approved.

Renewal of planning permission for detached dwelling and garage on eve of permission expiry, Roborough, Plymouth

• Resubmission made within days of instruction in order to secure the renewal of permission.

Permission for bungalow with garden of main house in a village setting in an ANOB. Removal of local needs condition on main residence in Landulph, Cornwall

• ‘Local needs’ condition lifted on main house allowing a bungalow to be built within garden despite opposition from Parish Council.

Permission in Principle for replacement Class C3 dwelling ANOB outside of village boundary, Tamerton Foliot Plymouth

• Site outside of village boundary in ANOB. Original fire damaged house demolished. Replacement granted as dwelling use not determined as abandoned.

Permission for dwelling and foul and surface drainage built in non-approved location, Estover, Plymouth

• Long running enforcement case eventually resulting in an approval for the house, drainage and new double garage.

Permission for conversion of Class C3 dwelling into four self-contained flats, Mutley, Plymouth

• Challenging building with history of multi-occupancy significantly upgraded.

Permission for 4-bedroom self-build house in Ivybridge, Devon

• Permission within grounds of an ‘Old Barn’ for a self-build 4-bedroom house and garage on a contaminated site, site surrounded by protected trees, with surface water drainage difficulties.

Permission granted for a 3-bedroom detached house in the side garden of a house. Previous refusal of extension to existing double garage on the site and dismissed on appeal – Plymouth

• Required a careful and respectful design on an exposed corner plot for the proposal to be accepted.
• Required a redesign of the access to overcome highway objections.

Approval for detached 4-bedroom house in Conservation Area in Tavistock, Devon after two refusals and an appeal dismissal

• Two applications for a detached 4-bedroom house refused and one dismissed on appeal based on heritage impact, tree and highway issues.
• Redesign of house, redesign of parking and reduction in impact on heritage asset allowed permission to be granted.

Approval of detached dwelling in South Hams after Planning Department wanted to refuse the application

• Planning Department was recommending refusal for an Approval of Reserved Matters application following the grant of an outline planning permission.
• Challenged the legitimacy of the Planning Officer’s comments and demonstrated that the proposal was in fact, after all, consistent with the Council’s policies.
• Within one week of receipt of the evidence the application was permitted.

"Just wanted to thank you again for all your help. Your response I am sure has achieved this outcome.” ​

Approval for five detached dwellings on a site in Cornwall following two previous refusals of permission for a single dwelling

• A one-acre site with restricted access with two previous refusals for single dwelling on the site and outside the previously defined settlement boundary.
• Permission in Principle granted for five detached dwellings.

Approval for nine detached houses on site on the outskirts of large town Cornwall

• Site was a farm holding on the edge on Callington outside the previously defined settlement boundary adjoining the ANOB.
• Some history of lawful occupation of outbuildings and caravans for residential purposes.
• Outline planning permission granted for nine detached houses with new access.

Permission for 4-bedroom house and 3-bedroom bungalow within grounds of detached house on edge of South Hams village outside of previous settlement boundary – allowed on appeal

• Appeal won following refusal of planning application for a 4-bedroom detached house and 3-bedroom detached bungalow within grounds of detached house on village edge. Outside of original settlement boundary.

• "We have just heard that our Appeal to build two houses within our plot has been successful.  We are just writing to say thank you and make no mistake, this outcome is the result of your commitment as our representative.


• You have worked tirelessly on our behalf, being professional at all times, and guided us through the whole process, You are clearly passionate about the intricacies of Planning and Construction as was demonstrated by your vast knowledge and application to our Appeal.”

Approval of 24-bedroom residential home and 18 unit assisted living extra care housing on the outskirts of large town in Cornwall

• Outline planning permission granted.
• Submission of Approval of Reserved Matters.
• Two storey 24-bed Residential Home and 18 two storey 1 & 2-bed Extra Care Units.

Permission granted for a 4-bedroom detached house in Plympton following two refusals and three subsequent redesigns

• Negotiated redesign of 4-bedroom detached house with Planning Officer following concerns about, size, location, scale and design of previous schemes.

​Upon receipt of the permission:

"This is great news. We are slightly blown away lol!”

Planning permissions for specialist projects

PLANNING PERMISSIONS FOR SPECIALIST PROJECTS

In my time as Head of Development Control and Head of Major Projects at Plymouth City Council I was used to dealing with the complexity and delivery of large projects such as major housing schemes, the development of Royal William Yard, Mountbatten and Mount Wise, the rebuild of Home Park and the construction of the Langage Power Station. As a result, I like the challenge of interesting projects that depart from the norm. If I genuinely feel I can assist in achieving a planning permission I will give an honest opinion. It means I often turn projects away. I often say I usually save clients money rather than spend it.

Permission for change of use of 17-bed residential home to 6 supported 1-bed self-contained living units, Paignton, Devon

• Permission for specialist provider to adapt a non-suitable property.

Permission for change of use of Class C2 residential home for the mentally handicapped to a Class C3(b) dwellinghouse for five residents living together as a single household

• Permission for specialist provider to adapt a non-suitable property.

Creation of a large 3.5-acre carp fishing lake for a private 20 - member syndicate and wildlife refuge in the Green Belt in Littleton upon Severn, Bristol - 2023

• Site was an 8.6-acre field within the Green Belt around Bristol.
• Proposal was for a 3.5-acre carp fishing lake for a private syndicate with an additional wildlife refuge and toilet block and store.
• The proposal required careful consideration of ecological and biodiversity matters as well as all the technical constructional and engineering detail.
• The application was approved in the face of over 40 objections.

"I would like to thank you for your continued efforts and support Graham. You have always given us great service and offered excellent advice through the highs and lows of the campaign.” (to achieve a planning permission).

Paragraph 80 ‘isolated’ house in the country of exceptional design and quality on a site in a village in mid - Cornwall. Appeal allowed following two previous refusals and an appeal dismissal. One of a handful of such houses allowed on appeal in England and only the second in Cornwall - 2022

• Two proposals for a paragraph 79 / 80 ‘isolated’ house in the countryside of exceptional design and quality. Appeal dismissed.
• Appeal granted following a submission that satisfied the outstanding concerns of the previous appeal inspector.
• One of only two such houses in Cornwall and one of a handful of such houses granted on appeal in England.

"Back down to earth today... now just trying to work out how to afford to build it! I sincerely can't thank you enough for your input and guidance... you were the key reason we won the appeal.”

Enforcement and Certificate of Lawfulness

PLANNING ENFORCEMENT AND CERTIFICATE OF LAWFULNESS CASES SUCCESSFULLY RESOLVED

Anyone who gets enmeshed in the complexities of the planning system can come up against the council, following a complaint, insisting what you thought did not require planning permission, actual does. It can be daunting and worry when faced with what appear threatening correspondence from the Council. I will always help people in trouble. My knowledge and experience will give you the best chance of resolving the threat of enforcement action from the Council resulting in achieving the requisite planning permission.

Application for a Certificate of Lawfulness for an Existing use or Development (CLEUD) for a detached self-contained 1-bedroom annexe

• Required Statutory Declaration and evidence to prove works had taken place four years before the CLEUD submission
• Enabled sale of whole property once granted.

“Wow! Thats great news. Thank you so much for all your help, Graham, we really appreciate it.”

Application for a Certificate of Lawfulness for an Existing use or Development (CLEUD) for the use of two dwellings as Class C3 residential dwellings for a period in excess of ten years in breach of condition

• Required extensive evidence – rent receipts, bank statements and five Statutory Declarations to prove case.
• Previous refusal overcome by the aggregation of detailed evidence.
• Enabled the two properties to be sold as Class C3 dwellinghouses realising a substantial sum for the Trustees.

Application to approve as-built dwelling and as-built foul and surface water drainage together with alterations and detached double garage

• Council served Breach of Condition Notice and threatened enforcement action which could have meant demolition of the house.
• After 12 months, 14 letters of objection from the neighbour and dozens of e-mails with the Case Officer full planning permission was eventually granted for everything.

Application to approve as-built dwelling and as-built foul and surface water drainage together with alterations and detached double garage

• Council served Breach of Condition Notice and threatened enforcement action which could have meant demolition of the house.
• After 12 months, 14 letters of objection from the neighbour and dozens of e-mails with the Case Officer full planning permission was eventually granted for everything.

Application to retrospectively approve alterations to a converted barn holiday let and garden room in Dartmoor National Park

• A number of unauthorised alterations to the approved plans for a holiday let and a new garden room had been built all without planning permission.
• Extensive negotiations with the National Parks’ Enforcement Officers to agree a viable scheme for two retrospective planning applications,
• After nearly a year planning permission was granted for the alterations and new building.

“Thank you very much again for all your hard work and clear guidance.”

Permission for Lawful Development Certificate (LDC) for House in Multiple Occupation (HMO) for Class C4 use, Mutley Plymouth

• Property with history of HMO being sold. Purchasers required LDC to proceed with sale.
• Permission granted in just over four weeks

Permission for Lawful Development Certificate for Class C3 dwelling within an agricultural barn. Lanreath, Cornwall

• Permission granted for agricultural barn. Owner built dwelling with one-third of it.
• Enforcement action by Council to remove dwelling.
• LDC for dwelling granted after evidence submitted that it had been in place for over four years.

 “Many thanks to Graham at GRC Planning. Excellent and highly profession service provided, with a fantastic outcome through his guidance and advice. Highly recommended."

Permission for Lawful Development Certificate for Class C3 dwelling without agricultural workers restriction

• Permission granted when evidence presented that the dwelling had been occupied for over 10 years without compliance with the planning condition restricted to agricultural users only.

Permission for Lawful development Certificate for use of two barns as Class C3 dwellings instead of holiday lets, Buckerell, Honiton, Devon

• The two barns had planning conditions restricting their use for holiday lets only.
• Extensive evidence was submitted to demonstrate non-compliance with the holiday use only condition for over 10 years.

Retrospective planning application to include additional land within the residential curtilage of house following enforcement action in East Devon

• Council intending to take enforcement action about the extension of the residential curtilage into a communal landscape area.
• Negotiations with Council and submission of planning application. Application approved.

"This is fantastic news. Thank you for all your help in getting this over the line, I hope that you don't get one quite so awkward again.”

Creation of hardstanding for two vehicles, Plymouth

• Work commenced of construction of hardstanding within raised garden. Believed proposal was permitted development.
• Enforcement action requiring cessation of work. Planning application submitted and approved despite objection.

"We are so grateful for all your help. We have no doubt that without your expert service we wouldn’t have got the approval.”

Extension to dwelling refused, Plymstock, Plymouth

• Refused application for 6m rear extension.
• Owner facing enforcement action to remove the part-built extension.
• Negotiations with Council to agree a permitted development solution.
• Extension now built and property able to be sold.

Enforcement case following a Class Q Prior Approval conversion of barn to a dwelling not being complied with and a permission was consequently lost in Kenn, Somerset. The application to rebuild the barn as opposed to convert it was resubmitted and approved despite being in within a Flood Zone

• Barn with permission to convert under a Class Q prior approval granted.
• Conversion works exceeded the limits of the permission and became, in effect, a rebuild rather than a conversion. The permission was lost.
• Enforcement was taken. A new application was submitted with the complication that the property was in a flood zone.
• Permission granted for a carefully designed flood resilient new home.

Enforcement case following the erection of a gazebo within the curtilage of a Listed Building and within a Conservation Area in a village in West Devon

• A client erected a gazebo within his garden after being informed, wrongly, that it did not require planning permission or Listed Building Consent due to its size. It was built and then was subject to enforcement action to secure its removal.
• The client had tried to submit the application, but the Council refused to validate the application.
• Correct plans were submitted, together with the required Heritage Statement.
• Listed Building Consent was granted, and the gazebo was allowed to remain.

"Thank you for navigating this issue with skill and patience. Thank you for your much appreciated work in achieving this grant of planning.”

Certificate of Lawfulness for an Existing Use or Development (CLEUD) for a House in Multiple Occupation with eight letting rooms of single occupancy – Plymouth – 2022

• Sale of investment property about to fall through due to lack of proof of use for a period of 10 years. Approached by Estate Agent fearful of a loss of a sale.
• Advised owner what information would be required and submitted a robust case proving a continued use of the property for 10 years.
• Application submitted and a Certificate was issued based on proof submitted within two weeks of submission.
• The sale was completed based on the issue of the Certificate.

Permissions in Conservation Areas

PLANNING PERMISSIONS IN CONSERVATION AREAS

I normally advise clients never to buy a site in a Conservation Area or a Listed Building. To achieve a planning permission or Listed Building Consent requires knowledge of all the issues as the bar to achieve a consent is set vey high. I will only take on a case if there is a reasonable chance of success with all the constraints that a Conservation Area and Listed Building impose.

Conversion (retrospective) and use of outbuilding as a 1-bedroom annexe to main house

• Permission for annexe to existing house. Part retrospective and change of use from holiday let.
• Design and issues of principle overcome
• Prominent position in Conservation Area

“Very good news! Thank you for getting the planning permission through.”

New Architect’s Office in Conservation Area in Dartmoor National Park village

• One application withdrawn, application refused, Appeal dismissed.
• Another application refused. Application amended but refused again.
• Instructed to submit appeal and appeal allowed.

Approval for detached 4-bedroom house in Conservation Area in Tavistock, Devon after two refusals and an appeal dismissal

• Two applications for a detached 4-bedroom house refused and one dismissed on appeal based on heritage impact, tree and highway issues.
• Redesign of house, redesign of parking and reduction in impact on heritage asset allowed permission to be granted.

Change of use of public house to living accommodation within a Conservation Area – Plymouth

• Well known public house ceased trading due to Covid. Sale required due to owner retiring. Only realistic option was conversion to living accommodation.
• Had to demonstrate property had been marketed without any takers.
• A sale had been agreed based on a planning permission being granted to convert to living accommodation in association with the living accommodation above.
• Permission granted and property sold.

Retrospective planning application for large spiral staircase from garden to private beach in Conservation Area and AONB in a coastal village in Cornwall

• Replacement spiral staircase erected in sensitive location on coastal edge within a Conservation Area and ANOB. Enforcement action taken.
• Planning application submitted and an acceptable solution was negotiated, and permission was granted.

Conversion of upper floors of Grade II Listed Building in Conservation Area in Plymouth to eight flats

• Property had no documented history of residential use – previously used as offices.
• Design had to meet exacting requirements of Listed Building and Conservation Area legislation.

Conversion of offices to three self-contained flats in Plymouth Conservation Area

• Change of use from offices to residential units previously refused.
• Site in prominent position in Conservation Area and close to Heritage assets.

Permissions in Dartmoor National Park

PLANNING PERMISSIONS IN DARTMOOR NATIONAL PARK

To achieve a planning permission in the Dartmoor National Park requires the need to demonstrate that any proposal will preserve and enhance the character of the National Park. It is a high bar that requires careful presentation of an application to achieve success.

Permission for alterations to barn conversion for use as a holiday let and permission for associated garden room

• Successful resolution of longstanding enforcement case.
• Approval for two separate applications after previous application withdrawn following objections.
• Meetings held with DNPA officers to agree a resolution acceptable to both parties

“We are very grateful to you for your advice.”
​
“Thank you very much again for all your hard work and clear guidance."

Four successful applications on one site for a large extension and alterations and refurbishment; conversion of annexe to 2-bedroom holiday accommodation; erection of chimney: extension of residential curtilage to farmhouse in a village in the Dartmoor National Park

• Submission of four separate planning applications of detached farmhouse outside of Peter Tavy in the Dartmoor National Park.
• Step by step approach was advocated to achieve a large extension, alterations, and refurbishment of the original farmhouse.
• The existing residential curtilage was restricted, and permission was granted to extend it into the adjoining field.
• The adjoining annexe above the garage was granted permission to be used as a holiday let for additional income purposes.

"We have found Graham to be thorough and pragmatic in his approach and his experience enables him to be able to identify the key issues and solutions needed to gain planning approvals, even where we haven’t always expected to be successful. Added to this is his quick turn-around times and friendly style. We would not hesitate to recommend his services to others.”

New Architect’s Office in Conservation Area in Dartmoor National Park village

• One application withdrawn, application refused, Appeal dismissed.
• Another application refused. Application amended but refused again.
• Instructed to submit appeal and provide a Planning Statement to support the appeal. Planning Inspector agreed and the appeal was allowed.

Permissions for Class Q and barn conversions

PLANNING PERMISSIONS FOR BARN CONVERSIONS / CLASS Q CONVERSION

Residential barn conversions and particularly Class Q conversions of an agricultural building are challenging to achieve. The requirement to preserve and enhance or ensure compliance with the Class Q requirements for prior approval needs skilful handling to achieve success. Recently, the rules have changed to allow for extensions to existing buildings and increase the number of dwellings that can be created from a conversion. I will ensure that a client has the best chances of a success for what has become an increasing complex compliance requirement.

Permission for conversion of former stables used as an agricultural building to a 1-bed dwelling with a rear extension

• Prior approval given for 1-bed dwelling with rear extension
• Required Statutory Declaration to prove 10-year agricultural use to qualify from original use as stables
• Proof of agricultural unit.

"Thank you so much for your persistence with this, we really appreciate it.”

Permission for demolition of existing barn and construction of two new dwellings and detached garage following Class Q approval for 1, 2 and 5 dwellings within single agricultural building

• Following three Class Q approvals for 1, 2 and 5 dwellings within the single agricultural barn eventually after two appeals planning permission was granted for a large farmhouse style dwelling and a barn style single storey dwelling
  
• Permissions for the two dwellings was granted on the ‘fall back’ Mansell principle.
  

Conversion of barns into 8 dwellings following non-compliance with a Class Q conversion consent in East Devon

• Group of three barns partly granted consent under Class Q for conversion into five dwellings. Conversion exceeded limits of Class Q consent and as a result the permission was lost.
• Three applications were submitted to create eight new dwellings, including the five originally permitted. All three applications were approved, and the value of the site was significantly enhanced as a result.

• “I just wanted to send our specific thanks for your critical role in this planning success. The transparent planning approach you advised, which we felt was quite a bold move at the time, has been found to be exactly the right strategy. Thank you.

 
We’re delighted to have this consent which should therefore convert a problem scheme into one we can be proud of when successfully delivered. We are therefore hugely grateful for your guidance on this matter.”

Successful appeals

APPEAL SUCCESSES

At the moment, only one in four appeals are successful. I prefer not to undertake appeals but rather I would seek to secure a planning permission by resubmission. It is quicker and more often than not will achieve a successful outcome. I will, though take on an appeal case if I believe it has a better that one in four chance of success. 

New Architect’s Office in Conservation Area in Dartmoor National Park village - 2021

• One application withdrawn, application refused, Appeal dismissed.
• Another application refused. Application amended but refused again.
• Instructed to submit appeal and provide a Planning Statement to support the appeal. Planning Inspector agreed and the appeal was allowed.

Permission for 4-bedroom house and 3-bedroom bungalow within grounds of detached house on edge of South Hams village outside of previous settlement boundary – allowed on appeal - 2022

• Appeal won following refusal of planning application for a 4-bedroom detached house and 3-bedroom detached bungalow within grounds of detached house on village edge. Outside of original settlement boundary.

"We have just heard that our Appeal to build two houses within our plot has been successful.  We are just writing to say thank you and make no mistake, this outcome is the result of your commitment as our representative. 
​
You have worked tirelessly on our behalf, being professional at all times, and guided us through the whole process, You are clearly passionate about the intricacies of Planning and Construction as was demonstrated by your vast knowledge and application to our Appeal.”

Paragraph 80 ‘isolated’ house in the country of exceptional design and quality on a site in a village in mid - Cornwall. Appeal allowed following two previous refusals and an appeal dismissal. One of a handful of such houses allowed on appeal in England and only the second in Cornwall - 2022

• Two proposals for a paragraph 79 / 80 ‘isolated’ house in the countryside of exceptional design and quality. Appeal dismissed.
• Appeal granted following a submission that satisfied the outstanding concerns of the previous appeal inspector.
• One of only two such houses in Cornwall and one of a handful of such houses granted on appeal in England.

“Back down to earth today... now just trying to work out how to afford to build it! I sincerely can't thank you enough for your input and guidance... you were the key reason we won the appeal.”

Neighbourhood Plan / Local Plan Representations

SUCCESSFUL REPRESENTATIONS FOR INCLUSION OF SITE IN A NEIGHBOURHOOD PLAN / LOCAL PLAN

Most Local Plans in the south-west are up to date but many towns and villages are now preparing their own Neighbourhood Plan. When adopted this Plan takes precedence over a Local Plan in the determination of applications. It is, therefore, imperative that if you have a parcel of land with potential for planning permission representations are made on your behalf to ensure that the land is included in the Neighbourhood Plan.

Allocation of a site for five dwellings in a Neighbourhood Plan in a village in Cornwall

• Representations made to consultation draft of Neighbourhood Plan to include a site for five detached dwellings within the village settlement boundary.
• Site included in final draft and passed on Referendum. Now part of adopted Plan.