BCP Council (Christchurch): Matt Annen is please to have secured planning consent for substantial alterations and remodel of an existing bungalow dwelling, including; ground floor extensions, formation of a complete new first floor with contemporary flat roof and first floor balcony offering views over Christchurch Bay on a corner plot in Mudeford, Christchurch. This stunning new 5-bedroom family dwelling was designed by local firm ARC Architecture for mutual client Glass Harbour Group.
Despite a well considered and well presented scheme which didn’t attract any objections from neighbours, the appointed planning officer initially considered that the scheme was unacceptable and was minded to refuse the application as he felt that the alterations were beyond the scope of what could be dealt with under a Householder application process. Matt responded with a robust rebuttal referring to case law on this matter. For the benefit of the readers, typically where there are at least two main external walls of the original dwelling retained this would not constitute the existing dwelling being demolished.
In this particular instance further evidence was provided demonstrating that 75% of the original external walls would be retained. According to its ordinary meaning, the word “demolish” when used in reference to a building means to pull the building down – in other words, to destroy it completely and break it up, will not occur whatsoever. Referring to Shimizu (UK) Ltd v. Westminster City Council [1997], it was held that demolition of only part of a building does not amount to demolition of the whole or demolition of substantially the whole of the building is to be regarded as an alteration of the building rather than as demolition. Following submission of this rebuttal, the officer reconsidered his view with the assistance of senior officers and Matt was advised that the planning officer could support the application after all.
This case provides another clear example of the advantages that having a planning consultant handling your application can bring to robustly negotiate your scheme through the planning process, In this instance undoubtedly turning a refusal around into an approval, much to our client’s delight.
If you are looking for a firm of planners to expertly steer your proposal through the system, why not contact Pure Town Planning to find out how we can assist you