We have advised on numerous successful prior approvals under Permitted Development Rights
We advised a client in relation to the use of Permitted Development Rights where an Article 4 Direction was due to come into effect and the Council had a history of refusing applications in the vicinity. We devised a strategy to ensure prior approval was given before the Article 4 direction. We devised a multi pronged strategy of appealing existing applications, revising transport assessments for new applications and negotiating a s106 agreement without the freeholder signing which is highly unusual and usually strongly resisted.
We advised Erinastar in relation to office to residential conversion for 112 units over 12 storeys which was initially refused. Advice was given in relation to; existing uses and lawful uses; ensuring a suitable package of highway works so the approval was granted and provided advice to funders in terms of timing and implications of when conversion works would take place. This approach ensured approval was granted.
We advised GLE Properties in relation to office to residential conversion on a former oil storage site. Pre application advice from the Council had suggested prior approval would be refused due to the risk of contamination. We worked with environmental consultants to devise a strategy to ensure the scheme could be developed with little or no breaking of the hard standing and suitable remediation (of a scale that kept the scheme viable). We also drafted novel s106 obligations that the Council had not used before. The client is using the scheme as a baseline for new wider redevelopment plans to try and minimise affordable housing and other obligations.
Advising clients where an existing planning permission has a condition that a council are relying on to refuse a prior approval on the basis that it excludes use of permitted development rights.