Planning appeal for a new backland dwelling

The team acted for a private client on an appeal following the refusal of the construction of a new three-bed dwelling within garden land at Brandon, a village between Coventry and Rugby.

The application was refused by Rugby Borough Council due to its effect on the character and appearance of the surrounding area, including the significance of the Brandon Conservation Area, a designated heritage asset.

Through a site visit and study of local developments, review of policy context and the Brandon Conservation Area appraisal, our team set out the case that the development should be allowed by the Planning Inspectorate.

We set out clearly that there were developments in the locality that was of a similar context (set behind other dwellings without a strong street frontage) and that the Brandon Conservation Area Appraisal notes the villages already mixed character. As such, we highlighted that this development would not have the demonstrably harmful impact on local character and the significance of heritage assets, as the Council perceived.

Several recent cul-de-sac developments, which have opened up the linear enclosure in places along the street frontage and introducing more depth to the settlement form, have given the village distinctive architectural styles from different periods, set in a non-uniform pattern of development.

As a result of our findings, the Inspector agreed that the traditional, linear settlement pattern had become more varied and is relatively compact in some areas.

The team also rebutted third party comments from a neighbour with privacy concerns, highlighting that this was not a matter that the Council had previously found concern with. We advised our client to be agreeable to a landscaping condition to ensure that the council had control to approve details of screening, should they consider this necessary. The Inspector agreed that this condition for landscaping was an appropriate means to protect the neighbour's privacy concern.

This appeal was successful and our client is able to construct a new three-bed dwelling.

Marrons Planning made the process as smooth as possible and kept us updated every step of the way, causing very little stress for us as a result. We are delighted with the result and would not hesitate to recommend them to anyone looking to appeal a planning decision."
West Midlands
Successful permission,
following refusal
Rebutted neighbours
privacy concerns
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