Project Summary

• Class P Prior Approval obtained to changing the use of the existing warehousing buildings.
• Planning application submitted to ‘in effect’ substitute the prior approval for 2 No. purpose build eco-homes, delivering a reduction in gross footprint
• ‘Fallback position’ - Snowden V Secretary of State for the Environment [1980]
• A departure from local policy as the site is outside of defined settlement boundaries
• Planning consent granted via delegated powers though contrary to the Development Plan

Development Description

The new dwellings are highly insulated, benefiting from passive solar-gain and natural ventilation through high-level roof lights.  The roof lights and large glazing give good daylight throughout and all artificial lighting is LED.  The homes will require little energy to run, which will be provided by the roof integrated solar arrays.  Water run-off from the buildings will be into soakaways, minimising flood risks.

Planning Process

Prior approval for the change of use from B8 to C3 was granted in. CSJ subsequently prepared a case for the appellant to in-effect ‘substitute’ the prior approval consent to deliver a pair of exceptional quality eco-homes, utilising a range of high-sustainability measures. The case was founded upon Case Law, in which the LPA are duty bound to consider the ‘fallback position’, i.e. .the implementation of the prior approval, as a material consideration in their decision making. The LPA concurred that in light of this position, and the significant benefits arising from the proposal, that consent should be granted.