Care in the community planning appeal win.

• Posted by David Jones on 18th Jan ’10 at 17:51 GMT
• 0 comments

Evans Jones LLP Jones wins appeal and an award of costs against Council for house to be used as a care in the community home

Evans Jones LLP has successfully appealed against the imposition of a condition upon the granting of planning permission for use of a premises as a home providing care in the community in Gloucester.

Planning permission was granted by the Council´s planning committee in October 2009

The Planning Committee feared that the applicant was seeking to establish a care home on site and thus imposed planning conditions to restrict occupancy of the property to a single family only.

In planning terms, there is no distinction within the C3 (dwellinghouses) Use Class between a single family and a group of up to 6 persons, all sharing a house, and living as a single household. The Council attempted to argue that by limiting occupancy of the house to a family only (rather than for example an unmarried couple, or group of friends or students, all of whom are equally entitled to live as a single household), this would protect residential amenity of other residents, by reducing the amount of parking that would occur within the area.

On examination of the issues, the Planning Inspector agreed that the Council’s condition failed to meet the required tests set out in Circular 11/95 and found that it was unnecessary, unreasonable and unenforceable. Appeal Decision

An application for costs was made against the Council on the basis that the Council had behaved unreasonably in imposing this condition and this resulted in the unnecessary expense of appealing against the condition. This application was also successful, with the Inspector finding that the Council had imposed a condition which clearly conflicted with government advice and Gloucester City Council has been ordered to pay the full costs of the appeal. Costs Decision

Sara Bagshaw MRTPI, Evans Jones LLP appeal specialist commented:

This is a classic case of members of a planning committee seeking to appease unfounded objections by neighbours. There was a certain amount of scaremongering within the local press prior to the committee meeting which appeared to influence the committees decision.

Members changed a perfectly reasonable condition suggested by the planning officer and came up with a condition which flies in the face of planning guidance. The Council now have to pay costs for an appeal which could easily have been avoided, had the committee members taken the advice of its professional planning officers.

For further information on Planning Issues please click on the following link planning Appeals. For specific advice please contact Sara Bagshaw email or telephone 01242 531212