Local Development Framework
Dept. of Development
Plymouth City Council
Plymouth PL1 2AA
Applicants can appeal to the Planning Inspectorate if they feel they have reason to disagree with the Council’s decision concerning their planning application.
In 2011/12 there were 25 appeals submitted against refusal of planning permission, of these two were withdrawn by the applicant. The Planning Inspector agreed with the Council either wholly or in part in 74% (17/23). Our target, set by our Business Plan is 75% of appeals to be won. One of the appeals allowed by the Inspectorate had been recommended for approval but overturned by the Planning Committee. Our performance on appeals has improved in the last year.
The number of appeals received has halved compared to last year. Some appeals will have been avoided by Case Officers negotiating acceptable schemes at the application stage and also by helping applicants to avoid potential problems by giving advice at the Development Enquiry stage.
There have not been any recurring messages in appeal decisions this year (as we have had a small number allowed), however the main learning points were:
- Rooflights can be acceptable in a Conservation Area where there surrounding buildings are varied and they do not appear prominent in the setting.
- The “45 degree rule” should be used only as guidance and there are instances where a slight deviation is acceptable. In these cases there should not be an unreasonable loss of light or outlook for neighbouring properties.
- When assessing whether living conditions are acceptable for Houses in Multiple Occupation, measures such as if the property has been given a HMO licence and university rating can be a consideration.
- A development for a new dwelling creating an end terrace can be considered acceptable where the property has adequate side garden to prevent a cramped appearance and would not set a precedent due to being unusual in the area in having a wide enough side garden.
- The previous use of the property should be a consideration when assessing parking impact. If an increased parking demand is expected by the development, the parking demand of the existing development should be assessed to understand the impact.
- It is important that planning obligations are properly justified against the Community Infrastructure Levy Regulations. The evidence base is an essential part of the appeal statement.
This page of the annual monitoring report was last updated September 2012.