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10 Year Old Refusal

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Q: This plot had planning refused for two chalet bungalows in the rear about 9-10 years ago, the neighbors strongly objected against the development and the council weren’t with it either. 10 years on what are the chances of getting planning? I have read through the documents and it doesn’t seem likely but just wanted to get your thoughts.

A: When dealing with reason’s for refusal of any age you need to treat them as significant material considerations. This application was refused at application stage and again at appeal stage for (inter-alia):

1. The development would be detrimental to the character of the Low Density Residential Area by reason of the introduction of built development within an open area of undeveloped land which would be contrary to Saved Policy

2. The use of the access proposed to serve the development would, due to its close proximity to the adjacent residential properties, have an unacceptable environmental impact upon those properties by virtue of the disturbance arising from additional traffic movements and maneuvering.

3. The development, by virtue of its location would have an unacceptable impact on the residential amenities of the properties surrounding and bordering the site through the introduction of residential activities in an otherwise tranquil area.

You are quite correct in suggesting that these reasons for refusal have not been mitigated by the passing of time or a change to policy and as such remain extant today. An attempt to overcome them would have to face the reasons directly and the circumstances surrounding the reasons for refusal cannot actually be altered. RfR 2 and 3 relate to the characteristics of adjoining properties specifically which you cannot effect.

This is a very good, and vary rare example, of where I would have suggested to withdraw the application as the reasons for refusal are so dangerous they have a long-term effect on develop-ability.