Planning appeal success in the Forest of Dean
NAPC achieved planning appeal success in the Forest of Dean for a mobile home to be used as an annexe to an existing dwelling. This was despite initial planning refusal from the Local Planning Authority (LPA).
They believed that the mobile home had a significant number of facilities and could independently function. However, we were able to successfully challenge their decision, and prove that the mobile home would be incidental to the primary dwelling.
Previous planning refusal
The LPA incorrectly determined that the proposal for a mobile home would be classified as development, requiring planning permission. However, the LPA did acknowledge that the mobile home met all the other requirements to comply with the Caravan Act, including its size, mobility, and structure. The main dwelling already had an attached annexe. However, the applicants wanted to move into a single-storey annexe to safeguard their future and allow their family to reside in the main dwelling. Living as a multi-generational family would enable everyone to retain their independence while remaining close to their family for daily needs and support.
Planning law
The LPA had based their decision on potential outcomes rather than the actual application. The Certificate of Lawfulness (CoL) applications must be assessed based on applicable laws and the facts presented, regardless of planning concerns. Therefore, the LPA made an incorrect assessment of the mobile home. Following this, NAPC was instructed to appeal to the Secretary of State, challenging the LPA’s decision. We provided comprehensive evidence and documentation to support the case through the written representation appeal procedure.
Appeal success in the Forest of Dean
The Government appointed a Planning Inspector to review the arguments from both sides, who then conducted a site visit. The Inspector’s decision was in favour of the appeal, and our client was granted a Certificate of Lawfulness. The Inspector also concluded that the proposal would not result in the formation of a new planning unit separate from the main property and its curtilage. This was great news for our client and our planning team, who were thrilled with the outcome.
CoL applications can be complex, and it’s not uncommon for a CoL refusal to result from an incorrect assessment. However, our client’s successful appeal proves that a CoL can still be issued even after being refused. They are thrilled to have their entire family together just in time for the New Year.
Get in touch
If you’ve had a CoL refused, don’t worry – we can help you with an appeal or by resubmitting your application with the necessary evidence and documents. So why wait? Contact us today, and we’ll help you get the CoL you deserve! So why wait? Call us on 01285 283200 or request a callback using the form below.
Further reading
We’ve got lots of blogs covering the topics mentioned above, keep reading below to find out more. For more information on appeals we have won, see two of our projects linked here also.
