Planning - There's no smoke without fire
Taking professional advice at an early stage can save heartache, time and money.Our Building Consultancy and Planning Departments have recently negotiated with a Local Authority for the removal of an existing brick chimney on a house located in a Conservation Area.
The disued chimney was contributing to water ingress and becoming a potential maintenance issue. Due to his liability, the client was keen to have the structure removed.
The Authority insisted that Conservation Area consent was necessary for its removal as it consituted 'demolition' and stated that they did not consider this would be granted. Despite several arguments put forward to justify why retention was not warranted, the Planners would not relent.
Eventually our Planning Team advised the authority that established case law had concluded that removal of a chimney in a conservation area was not classed as 'demolition'. This had been determined in the previous legal case of 'Shimuzu' which was decided by the Court of Appeal in 1997.
After protracted correspondence and, it would appear, some checking on the Authority's part, they accepted the implications of the case law. They conceded our argument that removal of the chimney was not 'demolition' and there was no need for Copnservation Area Consent.
For further information contact Chartered Town Planner, Kay Davies on 01530 410824
- Ashby de la Zouch
- 01530 412821
- Banbury
- 01295 271 555
- Knutsford
- 01565 757970
- Market Harborough
- 01858 410 200
- Newark
- 01949 851815
- Southampton
- 02380 883150
- Stafford
- 01785 220 044
- Worcester
- 01905 453275
