Latest Planning News

A Lawful Development Certificate (Proposed) has been granted confirming the siting of an ancillary caravan within the curtilage of a dwellinghouse.

The applicant approached Patrick Durr Associates seeking to build a new dwelling for their daughter, next to their existing dwelling in the countryside. Unfortunately, we had to advise the applicant that a new dwelling would be classified as inappropriate development within the countryside and consequently unsustainable. We did not believe such a proposal would ultimately be successful.

Although we were not able to assist the applicant with this particular proposal, through discussions we were able to suggest an alternative solution. We suggested that the applicant site a caravan within this medium sized garden, which would be used by their daughter and young family as ancillary accommodation to the applicant’s main dwelling.

This provision is allowed under caravan statute which permits caravans in gardens under certain circumstances, depending on their location and use.

The applicant explained that there would be an intimate connection between the caravan accommodation and the main dwelling, and the main aim was to live as one multi-generational family, as opposed to gaining a separate dwelling per se.

The applicant then found a suitable structure (log cabin) which qualified the caravan statute and together we submitted a successful Lawful Development Certificate (Proposed) to the Council.

Although this type of proposal does not technically require planning permission, we always recommend submitting a Lawful Development Certificate (Proposed) to ensure the scheme qualifies before spending considerable money purchasing and siting the caravan.

If your proposal qualifies, this type of planning is a quick and easy way to provide extra accommodation. Please Contact Patrick Durr Associates for further advice on this very welcomed loophole.

A challenging agricultural barn, hardstanding and access track were achieved via Agricultural Permitted Development Rights (APDRs), under Tunbridge Wells Borough Council.

This application was particularly interesting as the proposed property included both agricultural and equestrian use. In order for the applicant to avail of the APDRs, it was important for Patrick Durr Associates to understand the separation between the equestrian planning unit and qualifying agricultural planning unit.

The applicant required a new barn for hay and machinery storage but also proposed a new access to the barn and turning area. Under the appropriate APDRs we could only propose up to 465sqm of development in order to use the less arduous permitted development rights, which are decided within 28 days instead of 56 days.

During the preparation, much work was undertaken to ensure that no development area was wasted with the proposal, while equally the development was still able to function correctly.

Unfortunately, during the Council assessment period, questions were raised about the separation between the onsite equestrian use and the agricultural use.

Thankfully, with cited research and justification Patrick Durr Associates was able to address the Council’s concerns and explain the situation succinctly.

Subsequently the application was approved, and now the applicant can happily continue their small agricultural enterprise.

If you have an agricultural planning project, please Contact Patrick Durr Associates to discuss how we may be able to help.

We are pleased to announce planning permission has been granted for three detached dwellings within West Kingsdown, near to Brands Hatch under Sevenoaks District Council.

The application site was part of the applicant’s large garden within a built-up area. Previously the applicant was able to achieve construction of a new single dwelling upon the land, which was not easy. Since this time, the applicant had also purchased a further piece of land beside their garden, and therefore they instructed Patrick Durr Associates to develop the site as a whole.

Following a site survey, and understanding the restraints of the property, we were able to design a three dwelling scheme with a new access and proceeded to a pre-application meeting with the Council.

The pre-application Council meeting was supportive of our design and access, however it did highlight the noise risk of the nearby Brands Hatch race track.

As such, we instructed a noise consultant to undertake a noise survey at the site and advise on noise attenuation features for the development.

As a team we were then able to submit a full planning application for the new development which complied not only with local and national policy, but also WHO guidance.

The applicant was extremely pleased to be granted the three additional dwellings, which is a successful ‘back land’ development for Patrick Durr Associates.

If you believe you may have a similar development, or a large garden within a built-up area please Contact Patrick Durr Associates without delay!

Planning permission has been granted for exciting external changes allowing a barn conversion near Marden, under Tunbridge Wells Borough Council.

An applicant approached Patrick Durr Associates, having already achieved a Class Q Prior Approval for the change of use of an agricultural building to form two semi-detached dwellings. Unfortunately, when the applicant submitted the second part of this two-part procedure, for the external changes needed (windows, doors etc.), the Council refused these. The reasons for refusal were that part of the proposed changes were outside the remit of the Class Q permitted development provision, whilst other works, in the Council’s view, were in excess of those allowed under the Prior Approval process.

Consequently, the applicant appeared to be stuck, having permission to live in the agricultural barn, but not to physically convert it to allow living there.

In this situation, Patrick Durr Associates suggested a way forward whereby the applicant used their change of use permission (already allowed), and combined it with a new standard planning application for the external changes which they had proposed. A standard planning application allowed for the full breadth of changes which the applicant required, however, under a standard planning application, each change must be justified and be specifically in line with local and national planning policy.

Taking this idea forward, we worked with the applicant’s architect to ready a modern design which, with our experience, we believed was reasonable. Once this was complete we undertook an extensive pre-application meeting with the Council to moot the proposed changes. Following this, we took on board a number of Council comments, amended the scheme, justified the proposal and submitted a new application.

Thankfully, with very little issues during the application assessment, the scheme was approved by delegated powers.

Consequently, this now allows the applicant to undertake both the physical and use changes, providing two statement country dwellings. An excellent result all round.

Please contact Patrick Durr Associates if you are stuck with a planning conundrum, or equally if you have a permitted development conversion and you are unsure how to proceed.

Patrick Durr Associates has successfully legitimised a commercial property near Goudhurst, under Tunbridge Wells Borough Council, following a two-part process.

The applicant approached us following a planning enforcement report that commercial use of former agricultural buildings was taking place without planning permission.

We visited the application site and noted all uses, as well as the history of property. We were quickly able to establish that most of the commercial uses at the site were in fact lawful due to the passage of time.

A change of use of land or a building from one use to another can become lawful following a continuous period of ten years, and if no Enforcement Notice has been issued at the site preventing the said use. Sometimes, applicants or the Council will ask for this use to be confirmed by way of a Lawful Development Certificate (Existing). This analyses the evidence supporting the alleged change of use and if permissible, presents an official confirmation Certificate. This is akin to granting retrospective planning permission, but without any planning conditions.

Consequently, we submitted a Lawful Development Certificate (Existing) to confirm the commercial uses which were lawful. This was an important application as there were tenants in situ, which would have been made to leave if the application was refused.

For any Certificate application, it is vitally important for the planner to present the evidence correctly, and in full, to increase the chances of a successful application. Fail to prepare and prepare to fail is an apt motto for such submissions.

As well as submitting an application to confirm the existing lawful use of the site, we also had to submit a standard, retrospective planning permission for a new officer block and ancillary development, which had not reached its lawful immunity period.

For this retrospective application we had to ensure that the development accorded with both local and national policy as much as possible.

Fortunately for the benefit of the property, its tenants and the local economy, all applications for the site were approved by Tunbridge Wells Borough Council.

It is not always about residential applications! Please Contact Patrick Durr Associates if you have a similar property that you would to regulate, or indeed if you have a site looking to diversify into a commercial business.