Bell Cornwell LLP was instructed to assist with the submission of a planning application. The site is located within a residential urban area and is not subject to any special character designation. Noise and bat surveys were required and concerns were raised about the density of development, the size of the dwellings on the plots, and the impact on the character of area.
Bell Cornwell submitted representations regarding the development control and policy analysis behind the Council’s concerns. Bat and noise reports were submitted and Bell Cornwell met with the case officer to negotiate a slightly amended scheme to overcome the concerns about the relationship between two of the dwellings, further submissions were made regarding the proposed density of the development and the character of the area.
The application was then recommended for approval but subject to a condition requiring the submission and approval of a scheme to mitigate noise in the gardens of the proposed dwellings to PPG24 NEC A, even though the Council had been advised by their own consultee that this was unlikely to be achievable.
Bell Cornwell submitted representations to the effect that the land was already in garden use; an unachievable condition would be ultra vires, and that there was no policy basis for the suggested restriction. As a result Officers removed the condition from the recommendation.
The application was unanimously approved by the planning committee.