Pioneering planning success following introduction of new permitted development rights

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News article

Pioneering planning success following introduction of new permitted development rights

February 2015

Cubley planning
The planning team in Fisher German are celebrating after securing approval on appeal to convert redundant farm buildings to residential use, using the new permitted development rights. 
 
The site in Cubley Derbyshire, paves the way for other rural projects in the countryside which many councils have been refusing stating they were unsustainable given their countryside location. 
 
The proposal was given approval on appeal by the planning inspectorate following Derbyshire Dales District Council refusal, citing that the remoteness of the buildings would make the scheme unsustainable. The Council had previously granted planning permission for the same development in 2008 but permission had lapsed in 2011.
 
Following the lapsed consent and the introduction of the new permitted development rights in 2014, Angela Cornell of Fisher German decided to use the prior approval route. 
 
Angela comments "it was disappointing that the planning authority refused the application, but I was delighted that the planning inspectorate determined the proposals in our favour. The decision gives landowners reassurance that schemes that enhance the site can override sustainability issues.  
 
The inspectorate accepted it was an isolated location but that the reuse of the barns provided the necessary special circumstances, outweighing the isolated location, enabling development to proceed”.
 
Angela concludes “it was a lengthy process, the original application was made in May 2014 and the appeal decision was given in February 2015. So the process took around 9 months from start to finish. Hopefully subsequent proposals won’t be as lengthy as a precedent has now been set”.  
 
For further information contact Angela Cornell on 01530 566576  email angela.cornell@fishergerman.co.uk
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