PROJECTS
Planning Permission Obtained for Fritton Self-Build
Small Fish is pleased to announce that the final element (reserved matters) of the long-embattled Fritton self-build planning permission has finally been granted. It lies outside the village settlement boundary, and Great Yarmouth Borough Council has an adequate housing supply.
During the outline stage, we appealed the Local Planning Authority's refusal on the basis of its misleading supply of self-build plots in the district, which in reality was woefully inadequate. The Inspector agreed, stating:
"A detailed analysis of the Council’s self-build register has been undertaken by the appellant. This highlights a number of planning permissions which they suggest cannot be considered as self-build and therefore should not appear on the register...
On the basis of the evidence that is before me, I am not satisfied that the Council has demonstrated that it is meeting its statutory duty under The Act. Indeed, it appears that there are considerable question marks about the inclusion of a number of the planning permissions that are contained on the register. In that context, that the proposal could deliver a self-build dwelling is a matter which carries significant weight in its favour...
Taken together with the significant weight I afford to the self-build consideration, these matters would outweigh the conflict with the strategic policies of the development plan."
The case highlights the importance of interrogating Council-supplied data before accepting it at face value.
Appeal Allowed in Caston Outside of Development Boundary
Small Fish has successfully overcome numerous reasons for refusal in an allowed appeal for a single dwelling in the village of Caston in Breckland, including sustainable location, effect on the landscape, and the impact on the character and appearance of the Conservation Area. The proposal has been subject to a previous refusal and dismissal at appeal.
We used well-established case law to argue that the Council had been overly prescriptive in applying the definition of "immediately adjacent". The Inspector concluded that:
"it is first necessary to make a judgement on whether the site is immediately adjacent to the settlement boundary. In this regard, my attention has been drawn to caselaw which relates to the interpretation of immediately adjoining, which the court ruled should not be unduly prescriptive. In this context, I take the view that ‘immediately adjoining’ and ‘immediately adjacent’ to be tantamount to the same meaning.
In the appeal before me, the defined settlement boundary is geographically split into two separate swathes of land. The appeal site lies directly opposite the northwestern swathe on the other side of The Street. At just a few metres away, with
only the public highway intervening, I interpret the appeal site to be sufficiently close to the settlement boundary to be considered as immediately adjacent."
The Appeal Decision identifies the need to review relevant case law with reference to challenging applications.
Certificate of Lawful Use (Proposed) for Massive Indoor Pool and Triple Garage Obtained After Council Refuses Smaller Scheme
Small Fish was approached about a refused planning application for a triple garage at a rural dwelling in Breckland for its purported impact on the landscape. Because it was located to the front of the primary elevation of the dwelling, it required planning permission rather than being capable of being built under permitted development rights.
We suggested instead that the Applicant consider building the garage to the side of the dwelling, and outlined his options for outbuildings under Class E of householder permitted development rights. It turned out he also had aspirations for an indoor pool, but given his experience with the Local Planning Authority over the garage refusal, assumed it was unlikely to ever happen. Small Fish was able to obtain a Lawful Development Certificate for a three-car garage and 12m long indoor pool with a shower room and a large changing area.
This proposal shows that connecting with a planning agent early on can be critical to success, and that planning lemons can be turned into lemonade. It also provides a good case study of strategically going around difficult planning authorities rather than through them.