October 2009 Newsletter

RTPI Success


Andrew Gore, who has been employed at the Planning Design Practice as a Planning Consultant since December 2007, has recently obtained full accreditation from the Royal Town Planning Institute (RTPI). The accreditation means that Andrew is now a fully Chartered Town Planner, which is excellent news for Andrew, PDP and all PDP customers alike.

September 2009 Newsletter

The East Midlands Property Show



There is a great shaped seminar for delegates this year, hosted by John Cadwallader (Derby Cityscape), Chris Brown (Bank of England) will finger on the economic pulse and no doubt report on the impact of quantitative easing. Ken Braddock (HSBC) will look at current funding for business investment in particular the opportunity to Franchise your ideas for a business model and our special 10th anniversary guest is Big Brother/ 60min makeover celebrity and property entrepreneur Craig Phillips.

September 2009 Newsletter

CHANGE OF USE OF FORMER EXHAUST AND TYRE DEPOT TO SHOP, TAKEAWAY AND RESTAURANT – 1 CITY ROAD DERBY

The applicants came to us first to obtain planning permission for office development on the site. The site lies next to the River Derwent close to the centre of Derby City. It is a very attractive site for high class offices with excellent views across the river. Offices are acceptable in planning policy terms and having undertaken pre-planning application discussions with various organisations on a set of attractive proposals (including the Environment Agency) the application was submitted. It then had to be withdrawn in the face of an objection from the Environment Agency who published a Strategic Management Plan for the river Derwent after our planning application had been made. This Agency Plan introduced new constraints to development which prevented the offices (and development on several city centre sites) from being approved.

In order to get around the constraints and gain a useful planning permission the applicants needed to look at alternatives which would retain the existing building and be viable in the current recession.

With the help of local estate agents and valuers new uses were considered and these were discussed with the Council. The application included the renovation of the existing building, together with new access and parking arrangements. The existing building is unattractive in the townscape and the application provided an opportunity to improve its appearance and character. The application also provided an opportunity to provide local services that the area lacks.

The building sits on the opposite side of the street to offices, houses and apartments next to a newsagents and general store. In this location the building can accommodate a shop, takeaway and restaurant without adversely affecting the amenities of the area. The shop, takeaway and restaurant will meet local needs rather than the needs of the wider city. The proposals were supported by the Council and planning permission was granted. The development is set to go ahead with one of the units’ pre-let and strong interest in the others.

September 2009 Newsletter

PDP Wins Planning Appeal for 5 Dwellings in Chaddesden, Derby

Planning Design Practice has won a recent appeal for the demolition of a number of garages on a site on Martin Drive, Chaddesden, and the erection of 5 dwellings with associated garages in their place.

The appeal inspector agreed with PDP’s argument that the proposed development would create a sense of place through its differing design and would comply with the principles of good design. The inspector also agreed that the development of the brownfield site to provide affordable housing in a sustainable location would accord with the objectives of Planning Policy Statement 3.

August 2009 Newsletter

Graham Penny Auctions

Owing to the success of the 9th July auction, PDP have arranged to attend the following Graham Penny auctions in 2009:

3rd September - Pride Park, Derby

15th October - Pride Park, Derby

3rd December - Pride Park, Derby

If you're attending any of the above-mentioned auctions, please don't hesitate to approach our exhibition stand for free planning advice in relation to any planning matters.

August 2009 Newsletter

Question and Answer



Question

I have seen a property at auction, a lovely stone barn in the National Park with superb views and a good sized garden with planning permission for conversion into a holiday let. I want to buy it as a second home; what are the implications and, if I need to get planning permission for full use as a dwelling what are my chances?

Mr S. Kimble, Chesterfield


Answer

In most National Parks there are strong planning policies to prevent new dwellings being built or converted in the countryside away from towns and villages. But the park authorities have to balance this requirement with the need to maintain traditional buildings in the countryside in order to protect the character of the National Park. Allowing the conversion of traditional buildings into holiday lets is seen as a way of doing this while stimulating the local economy. In this instance, the use of the property is limited by condition and by a Section 106 Agreement which prevents the property from being lived in for more than 42 days a year by the same person or family. If you buy the property as your first house you will quickly breach the condition and the legal agreement. The condition also requires you to keep a register of all lettings. If you are happy to let the property, visiting in between lets, using it as a second home, it may work for you. Capital growth in the property will be limited by the condition and the Agreement, and this should be reflected in the purchase price.

There is very little chance that the Park Authority will allow unrestricted residential occupation, so the barn should not be considered as a future home. If the property was occupied as a dwelling and the Park Authority took enforcement action, the occupants could be evicted. The legal agreement provides a quick method for the Authority to take action if it wants to. The legal agreement is not subject to any time limits, so occupation of the property as a permanent dwelling will always be liable to enforcement action unless the agreement is lifted.


Jonathan Jenkin BA(Hons) BTP MRTPI

August 2009 Newsletter

Sun Room Extension Approved in Conservation Area

Planning Consent was recently obtained for the construction of a sun room extension in a sensitive Conservation Area location. Although the property had been subject to previous extensions, PDP successfully argued that the proposal would not materially harm the character or appearance of either the existing dwelling or the Conservation Area.