Appeal Success

Planning permission was won at appeal together with a full costs awarded against the Council for a scheme involving the total demolition of a house within a conservation area.  The Planning Inspectorate found that the fall-back position presented at appeal was a material consideration and one which the Council failed to consider.  Having regard to recent case law (Dorothy Bohm & Ors v Secretary of State for Communities and Local Government & Ors[2017] the Council focused solely on the principle of demolition and not whether the proposal when considered as a whole would preserve or enhance the character or appearance of the conservation area.