Appealed Refusals & Enforcement Notices, Mansfield Woodhouse
The client wished to construct four residential dwellings on a plot of land to the rear of no. 36 Portland Street located within the heart of Mansfield Woodhouse. The proposed development would fill a gap in the built form of Portland Street, and in doing so would positively enhance the character of the designated Conservation Area, whilst simultaneously providing three 3-bedroom townhouses and one two-bedroom apartment to strengthen the local housing stock.
The client had prepared preliminary design proposals for the proposed development, which due to the constraints placed upon the site by the neighbouring existing development, could not provide a level of off-street parking provision and private garden areas for each of the properties expected by the general criteria set out in local planning policy. However, given the obvious benefits the development would provide to the local housing market and overall appearance of the Conservation Area, these proposals were considered to provide a sensible and practical form of development for this brownfield site and the client progressed with pre-application discussions with the local council. Unfortunately, these discussions did not prove to be beneficial with council officers maintaining that all policy criteria would need to be met. The client, seeking a practical way forward, decided to progress with a refurbishment of the existing cottages within a programme of works that was consistent with permitted development. However, when it was acknowledged that one property had previously had a ground floor shop and had no permitted development the investment was considered to be unlawful and Globe sought permission for a approval retrospectively.
However, the Council refused these applications before issuing Enforcement Notices requiring the demolition of the works the client had undertaken on site. This appeared to be wholly unreasonable and, accordingly, Globe led on a total of eight appeals against both the refusal of planning permissions and the enforcement notices.
Each of the appeals was successful, with planning permission granted and the enforcement notices overturned upon recognition of the fact that the proposed development would not have any adverse impact on the amenity of neighbouring residents, and, significantly, that it would enhance the visual amenity of the Conservation Area.