Hartlepool Annexe Appeal – Victory!
Fantastic news for our clients in Hartlepool and their Annexe Appeal Victory! Their determination to build a fully functioning annexe for their ageing parents ended with a well-deserved victory. This win not only ensures their loved ones can live independently. But also serves as a testament to the power of perseverance in the face of a planning permission refusal.
The Growing Need for Family Support
As their parents faced the challenges of advancing age and ongoing health concerns, our clients knew they needed a solution that enabled daily care. Building an annexe on their property was the ideal option.
Navigating the Planning Application Process
We submitted a thorough planning application, but it became clear during the application process that the Local Planning Authority (LPA) were not going to accept the annexe with a kitchen, as they felt this would be tantamount to the creation of a separate dwelling. Despite putting forward counter-arguments and case law to support our position, unfortunately, the LPA remained unyielding. To keep the project moving forward, a difficult decision was made: modify the plans by removing the kitchen. This compromise secured planning approval, but it came with a frustrating condition – the annexe could never have a kitchen installed.
Undeterred by the Compromise
While the initial approval provided some relief, the situation quickly became untenable. As their parents’ health deteriorated, the lack of a kitchen in the annexe became a significant obstacle to providing optimal care. Determined to find a lasting solution, NAPC explored further options.
Strategic Advice
We advised the family on planning law and suggested that we submit a Section 73 Application on their behalf. To remove the restrictive kitchen condition from the permission – and then be prepared to appeal the LPA’s decision when the appeal was inevitably refused. We identified this approach as the best planning strategy rather than appealing the whole decision straight away where the inspector would consider the principle of the annexe afresh. This approach preserved the planning permission decision.
The section 73 application was submitted and, as predicted, was refused. As predicted the LPA stood by their assessment; that the annexe would result in the creation of a new dwelling if it had a kitchen.
The Appeal and a Well-Deserved Victory!
Fuelled by a commitment to our client’s well-being, we launched an appeal with the UK Planning Inspectorate. This appeal process involved a detailed presentation of the case, using up-to-date case law, appeal precedents and planning arguments highlighting the specific needs of the family. Additionally, including the crucial role a fully functional kitchen would play in ensuring their parents’ well-being. Thankfully, the appeal was successful! The Inspectorate recognised the genuine circumstances and overturned the LPA’s restrictive condition. This victory paved the way for our clients to finally build the fully functional annexe they envisioned, complete with a kitchen, allowing them to provide the best possible care for their loved ones.
The Inspector agreed that even though the annexe may contain all the facilities for independent living, it doesn’t automatically mean that is how it will be used. They determined that many other material considerations needed to be taken into account. We were delighted to obtain a successful outcome for our clients, who can now support their family.
Further Reading
Read about other appeals we have won for clients, and get in touch if you need our help.
Planning Appeal Success in the Forest of Dean
Winning a planning appeal in the Wirral, Liverpool
Winning at a planning committee hearing in Cornwall
