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Appeals
We
handle all types of appeals under planning legislation and advise
clients on the appropriate procedure to follow and will ensure
that cases are prepared and presented thoroughly and effectively.
We act as expert witnesses at planning appeal inquiries, and are
able to appoint and brief planning barristers directly. Where appropriate,
we will represent our client’s interests at hearings or via
written representations.
For larger development proposals, we often act for our client as
part of a multi-disciplinary team, including highways consultants,
ecologists, arboriculturists and architects.
We have represented developers, local planning authorities and third
party interests, including a recent instruction to act for a Residents’ Society
in a third party appeal on the Isle of Man.
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Case
Studies |
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1.
Decision date: 5 October 2006
Appeal Reference: APP/D2320/A/06/2015314
Planning permission was refused for the subdivision of a Lancashire village
property into two dwellings. The main issue in the case was the effect on the
provision of community facilities within the village. The proposal involved the
loss of a vacant small retail unit.
Held
The Inspector, in accepting the arguments advanced by Steven Abbott Associates
on behalf of the Appellant, gave significant weight to the small size of
the retail space that was to be lost and also to the lack of independent ancillary
facilities available to the unit (rest room, WCs or stock room). Furthermore,
access to the Appellant’s living room was also through the sales area.
The Inspector found these factors to serve as impediments to re-use the unit
for
community purposes.
The unit had a history of failed enterprises whilst other enterprises in the
village appeared to thrive in serving the local population. However, whilst the
Council’s approach in maintaining rural services was worthy of support,
this approach would not be undermined by the loss of this particular premises.
Decision
The appeal was allowed and planning permission granted. |
2.
Decision
date: 15 February 2006
Appeal Reference: APP/T4210/A/05/1191378
Steven Abbott Associates represented a housebuilder client to successfully appeal
against a decision of a Greater Manchester Local Planning Authority. At issue
was the application of the LPA’s car parking standards to the proposed
sub-division of a property into apartments.
Held
The Inspector noted the appeal site location to be within the town centre as
defined in the development plan for the area. The site was within easy walking
distance of many services and facilities as well as to public transport.
The site was in a highly sustainable location where the thrust of national policy
encouraged local authorities to allow for significantly lower levels of parking
provision. The development proposed would have little if any impact on traffic
and parking issues locally.
Decision
The Appeal was allowed and planning permission granted. |
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